Agenda Index City of Vancouver

ADMINISTRATIVE REPORT

TO:

Standing Committee on Planning and Environment

FROM:

Chief License Inspector

SUBJECT:

606 Powell Street - Drake Enterprises Ltd.
Class `A' Pub - Addition of 30 Seat Patio

 

CONSIDERATION

- OR -

GENERAL MANAGER'S COMMENTS

COUNCIL POLICY

Council Policy requires that amendments to existing Class `A' Pubs are subject to a Time Limited Development Permit, a Good Neighbour Agreement and neighbourhood notification.

PURPOSE

Drake Enterprises Ltd., is requesting a Council resolution endorsing their application for a 30-seat patio at the Drake Hotel's Class `A' Pub, 606 Powell Street.

BACKGROUND

City licensing records indicate that there has been a pub at the Drake Hotel since at least 1977. The pub is licensed by the Liquor Control and Licensing Branch as a Class `A' Pub with 220-seats.

The applicant advises the proposed 30-seat patio will be a general outside seating area used mainly by smokers. The patio location is on hotel property, in a recessed area of the west parking lot, and will be enclosed by a 42" metal railing with only one entrance/exit. The patio will close at 11:00 p.m.

The patio will be partially visible from Powell and Princess Streets and, given its location, the applicant feels that noise will not be a factor in the neighbourhood. Full time staff will be assigned when it is in use, and a permanent surveillance camera will record outside 24 hours a day.

Outdoor Patio Regulations and Policies

Patio patron capacity is restricted to 25% of the inside capacity of the licensed establishment.
In compliance with Section 25.5 of the License Bylaw and the Vancouver/Richmond Health Board Noise Bylaw, all amplification equipment used for musical reproduction and all components of such equipment must be contained within the building. Therefore, outside speakers will not be permitted.

City policy is to require service to outdoor seating areas to cease no later than 11:00 p.m., depending on concerns raised by neighbouring residents and business operators. Both the Planning and Health Departments require the patio to be designed to mitigate impact on neighbouring properties.

Area Surrounding Subject Premises

The subject premises are located in the DEOD Downtown Eastside - Oppenheimer zoning district and the surrounding area is a mixture of industrial, retail, restaurant, residential uses (refer to the appendix).

In the survey area there are two Class `A' Pubs, including the applicant, (440 seats) and two liquor licensed restaurants. There are also two non-operating cabarets, the 41-seat Big Boss Karaoke at 715 E. Hastings and the 124-seat Teaser's Cabaret at 686 Powell. Council recently approved the transfer/relocation of the Teaser's license from 686 Powell to Granville Street. The Liquor Control and Licensing Branch approved this transfer and staff is awaiting the return of the signed Legal Agreement, ensuring the closure of 686 Powell.

DISCUSSION

Policy Issues

The Drake Hotel lies within the Downtown Eastside moratorium area, and technically is subject to the moratorium policy. However, staff notes that the Workers' Compensation Board (WCB) smoking ban will come into effect in mid September of this year. Therefore, many businesses will be seeking outdoor seating areas for patrons who smoke. At issue is whether or not patrons should be permitted to consume alcohol while on the patio. Food service and smoking would be permitted, once the operator obtained his development permit for the outdoor seating.

Staff is not opposed to this application as the Drake Hotel is unique compared to other Downtown Eastside hotels. The hotel is outside the core high-impact area of the Downtown Eastside. It is one of the few hotels able to accommodate a patio on private property and it is unlikely there would be any interaction between patio patrons and area pedestrians.

Benefits of Proposal

Approval of the patio will give the operator the ability to adequately serve the clientele who smokes and still comply with the City's and WCB's non smoking regulations.

Negatives of Proposal

There is potential for noise impacts on the surrounding properties from the use of the patio. Typically, limitation on the hours of service and patio design help mitigate this.

RESULTS OF NOTIFICATION

A neighbourhood notification was conducted by circulating 195 notices (refer to the appendix). Two responses were received. One was from a neighbourhood resident who is concerned over the potential increase in noise. The other was from the president of a local business who feels that approval of the patio would reduce current available on-site patron parking. He points out that patron parking for the Drake Hotel already overflows onto neighbouring streets.

COMMENTS

The Police Department does not oppose the application. It would be very difficult for Council to enforce the terms of the Downtown Eastside moratorium given the Health Bylaw which does not permit smoking in any commercial establishment.

The Development Services Department has reviewed the application and records indicate that the existing building is currently approved for hotel use. The site is located within Sub-Area 4 of the Downtown East Oppenheimer (DEOD) Zoning District. Any proposal to provide an outdoor seating area ancillary to the hotel lounge will require a separate development application. As part of the review process, staff would include an assessment of the anticipated impacts on nearby sites, and particularly any residential units.

The Vancouver/Richmond Health Board reviewed the proposed patio and no apparent problems were found.

The Social Planning Department is concerned about the implications arising from a potential exception to the moratorium.

The Housing Centre has no comment.

CONCLUSION

Staff is confident that the 11:00 p.m. closing and the Time-Limited Development Permit will provide adequate control to ensure the problem free operation of the patio. However, permitting alcohol service on the patio would require Council policy to be waived in this instance and staff has therefore submitted the choice of two considerations to endorse or not endorse. As previously mentioned, this location is somewhat unique in the Downtown Eastside as few other hotels are able to accommodate a patio on private property.

NOTE FROM CLERK: APPENDIX A (MAP) NOT AVAILABLE IN ELECTRONIC FORM - ON FILE IN THE OFFICE OF THE CITY CLERK.

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