ADMINISTRATIVE REPORT

TO:

Standing Committee on Planning and Environment

FROM:

Chief License Inspector

SUBJECT:

3124 West Broadway - Class `D' Neighbourhood Pub
The Fringe Café Ltd.

 

CONSIDERATION

GENERAL MANAGER'S COMMENTS

COUNCIL POLICY

Council Policy is that a new Class `D' Neighbourhood Pub is subject to a Time-Limited Development Permit, Legal Agreement, Good Neighbour Agreement, neighbourhood notification, a public meeting and, in some circumstances, a telephone survey.

PURPOSE

The Fringe Café Ltd., is requesting a Council resolution endorsing its application for a 46-seat with four seat patio Class `D' Neighbourhood Pub to replace the existing Restaurant Class-1 at 3124 West Broadway.

BACKGROUND

The Fringe Café is a northern European style café/bistro which, the applicant advises, caters to patrons from the immediate community. It has operated at this location since approximately l990 and currently holds Restaurant-Class 1 and Dining Room/Lounge business licenses.

The proposed neighbourhood pub will replace the existing restaurant, while retaining full kitchen facilities. The existing seating capacity of 46, with a licensed four seat patio, will remain unchanged.

The applicant advises that the establishment will remain the same, except for the change in license type and operating hours and no games, big screen televisions or other entertainment, with the exception of chess, will be provided. Apart from a screen to be erected in the patio area, there will be no structural alterations or changes to the menus or facilities.

The existing hours of operation for the restaurant are 12:00 noon to 2:00 a.m. seven days a week. The proposed hours of operation for the neighbourhood pub are 11:00 a.m. to 12:00 midnight Sunday through Thursday and 11:00 a.m. to 1:00 a.m. Friday and Saturday.

The applicant advises that his patrons and immediate neighbours have indicated their support and encouragement, and he is confident the change of license type would have no adverse impact on the community.

Neighbourhood Pub Regulations and Policies

Class `D' Neighbourhood Pubs are entitled to serve all types of liquor without food, although hot food is required to be available. All types of entertainment are permitted, except that Council policy prohibits exotic dancers in all new liquor licensed establishments. Permitted hours of operation are limited to a maximum of 14 hours of continuous service between the hours of 9:00 a.m. and 1:00 a.m. seven days a week. However, Liquor Control and Licensing Branch policy is to limit 1:00 a.m. closing to Friday and Saturday only. Neighbourhood pubs have a maximum seating capacity of 65 indoor seats and 20 outdoor patio seats.

Area Surrounding Subject Premises

The subject premises are located in a C-2C Commercial District. The surrounding area is a mixture of retail, office, restaurant and residential uses. The nearest residences are located in mixed-use buildings directly adjacent to the subject premises and in one and two family dwellings directly south of the rear lane (see the appendix).

There are approximately 16 licensed restaurants within the 1000-foot survey area and no pubs, cabarets or lounges. There is no provincial liquor store in the immediate area.

DISCUSSION

Policy Issues

This application is for a 46-seat with a four-seat patio, Class `D' Neighbourhood Pub, which is under the maximum 65-seat with a 20-seat patio for this class of liquor license.

On May 18, 2000, Council reviewed the West End Liquor License Policy and agreed to allow for consideration of 40-seat neighbourhood pubs with 10-seat patios in both the Davie and Denman Village areas. The area surrounding the proposed location is not as densely populated as the West End, but is still primarily residential, and therefore many of the benefits of having a small establishment to serve the local area are relevant to this application.

The possible benefits of a smaller pub from a regulatory point of view would be less impact on the surrounding community and fewer calls for police and other inspection services than there would be for a larger establishment. Smaller establishments tend to be more manageable for the operator, surrounding community and regulatory agencies.

Staff feels that this application should receive similar consideration as the applicant proposes to cater to patrons in the local community and the proposed pub is situated in a mixed use commercial corridor along West Broadway, buffered to the north and south by residential uses.

It should be noted that recent changes to Liquor Control & Licensing Branch regulations allow restaurants, upon the approval of local government, to allocate Designated Food Optional (DFO) Areas for up to a maximum of 20 patrons or 10% of the total patron capacity of the interior portion of the principal licensed area, whichever is less. Therefore, the existing restaurant would be eligible to apply for up to five DFO seats.

Benefits of Proposal

Staff has not had difficulties with 65-seat neighbourhood pubs. This proposal is for an operation that is 19-seats smaller and it is expected that related issues would be minimal.

The condition limiting the type and size of live acts should mitigate potential noise impacts on the surrounding community. Staff has in the past been informed by members of the industry that 65-seats or smaller facilities cannot viably support large live acts and, therefore, the probability of large live acts in this establishment is remote. However, staff feels the condition on the license is warranted as it should act as a deterrent to any future expansion of the premises.

RESULTS OF NOTIFICATION

A neighbourhood notification was conducted. On January 31, 2001, 412 notices were delivered in the notification area (refer to the appendix) and 23 responses were received in favour and eight opposed.

Supporters of the application are generally clients of the existing business who live in the community. These individuals note that the business has been well operated for a number of years and they consider it a plus in the area. The residents who are opposed to the application generally feel there is already an abundance of activity along this strip of West Broadway and are concerned that this license will add to existing neighbourhood issues.

A public meeting was held on February 22, 2001, and was attended by 28 people from the neighbourhood. The main concerns addressed at the meeting were the potential for increased noise and parking requirements. The majority of those present were in favour of the application, citing reasons for their support similar to those noted in the written responses above. There were approximately four residents who opposed to the application. Most lived across the lane in close proximity to the rear of the business and the possibility of more noise was a concern. It should be noted, however, that the main points of concern raised were larger neighbourhood issues. Most individuals acknowledged that they did not have any specific issues with how the existing restaurant has been operated.

COMMENTS

The Police Department advises that having the proposed pub close at midnight would be a welcome change in a block that at present has seven restaurants, including the Fringe, that can remain open until 2:00 a.m. Patrons, pedestrians and traffic from the Fringe would have a chance to clear before the other businesses in the block close, which would lessen the level of noise at 2:00 a.m. and after. The Operating Agreement should include that no live amplified music is permitted and that the rear door, which backs onto the residential lane of West 10th Avenue, be kept closed at all times.

The Planning Department has reviewed the application and notes the site is located in the C-2C Commercial Zoning District.

The premises at 3124 West Broadway are presently approved as a Restaurant-Class 1. A "Neighbourhood Public House" is permitted as a conditional use under the C-2C District Schedule. Any proposal to provide a Neighbourhood Public House on this site would require a development application.

As part of the review process, staff would include an assessment of the anticipated impacts on nearby sites, and particularly any residential uses. As well, an application of this type would be reviewed in accordance with the provisions of the Neighbourhood or Marine Public House Guidelines adopted by City Council on August 9, 1988.

The Vancouver/Richmond Health Board has no concerns. There are no recorded noise complaints and washroom facilities meet requirements.

The Social Planning Department and The Housing Centre have no concerns or comments.

CONCLUSION

Staff suggests that should Council endorse the application, sufficient controls can be placed on the approval through the combination of the time limited development permit, legal operating agreement and the good neighbour agreement to ensure that the business operates properly and with minimal impact on the surrounding community. However, given some opposition and other neighbourhood issues, staff has put forward the two consideration items to endorse with conditions or to defer, pending the results of a telephone survey.

ATTACHMENTS THAT DO NOT HAVE ELECTRONIC COPY ARE AVAILABLE ON FILE IN THE CITY CLERK'S OFFICE

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