ADMINISTRATIVE REPORT

TO:

Standing Committee on Planning and Environment

FROM:

Chief License Inspector

SUBJECT:

2204 York Avenue - Sunset Grill Ltd.
Class `D' Neighbourhood Pub Liquor License

 

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, Good Neighbour Agreement, neighbourhood notification, a public meeting and, in some circumstances, a telephone survey.

PURPOSE

Sunset Grill Ltd., is requesting a Council resolution endorsing its application for a 55-seat Class `D' Neighbourhood Pub in conjunction with the existing Restaurant-Class 1 at the Sunset Grill, 2204 York Avenue.

BACKGROUND

The Sunset Grill has been in operation as a Restaurant Class 1 since 1989. It is licensed by the Liquor Control and Licensing Branch for 120 restaurant seats, a 23-seat holding area and a 20-peat patio (163-seats). The applicant proposes to create a 55-seat neighbourhood pub around the existing liquor service bar by utilizing the 23-seat holding area and reducing seating at the front of the restaurant by 32. The applicant anticipates that a partition wouldbe constructed to separate the restaurant from the neighbourhood pub, and that the two facilities would be interconnected by saloon doors, thereby giving staff serving the pub access to the kitchen and the pub's patrons access to the washrooms. It would be the applicants' responsibility to ensure compliance with Zoning and Development Bylaw policies concerning the separation of the principle uses as well as Liquor Control and Licensing Branch liquor licensing policies and regulations.

No entertainment, such as big screen television or games area is planned for the proposed neighbourhood pub.

The existing restaurant operates Monday to Saturday between 11:30 a.m. and 1:30 a.m. and Sunday 11:00 a.m. and 12:00 midnight. The proposed hours of operation for the neighbourhood pub are Sunday through Thursday 11:00 a.m. to 12:00 midnight and Friday and Saturday 11:00 a.m. to 1:00 a.m.

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 closing at 1:00 a.m. to Friday and Saturday only. Neighbourhood pubs have a maximum seating capacity of 65 indoor seats and 20 outdoor patio seats.

A restaurant may adjoin a neighbourhood pub and, subject to Liquor Control and Licensing Branch approval, may share a kitchen and washrooms. There can be no direct patron access between a restaurant and a neighbourhood pub. Separation between the restaurant and neighbourhood pub must be of solid wall construction to prevent both direct patron access and direct or indirect patron viewing from the restaurant into the pub. Both the neighbourhood pub and restaurant must have separate public entrances, either directly from the outside or from a common interior lobby. Patios must be clearly separate entities with no direct access between the two. If the patios abut, the shared portion must be of solid construction with a minimum height of four feet.

Area Surrounding Subject Premises

The subject premises are located in a C-2B Commercial District. The surrounding area is a mixture of residential, retail, restaurants and recreation uses.

The closest residential units are located within the same building, directly adjacent on the west side of the building as well as across both the rear lane and York Avenue (see the appendix).

There are approximately ten licensed restaurants, including the Sunset Grill, within the 1000-foot radius, but no pubs, cabarets or lounges. There is no provincial liquor store in the immediate area.

The area has a history of "street" related problems, such as people yelling, fighting, vandalism to homes and vehicles, public urination, squealing tires and car doors slamming late into the night and early morning. These problems tend to be more prevalent in the late spring and summer months as Kitsilano beach becomes more active, and late night beach activity accounts for a portion of these problems. However, the negative impacts are exacerbated by some of the restaurants in the area who operate outside the classification of their liquor license. These restaurants are effectively operated as pseudo pubs/cabarets with closing times typically in the 1:00 a.m. to 2:00 a.m. period, which often contributes to early morning disturbances for area residents.

DISCUSSION

Policy Issues

This application is for a 55-seat Class `D' Neighbourhood Pub in conjunction with the existing restaurant. There are no policy issues associated with this application.

It should be noted that recent changes to Liquor Control and 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 percent of the total patrons' capacity of the interior portion of the principal licensed area, whichever is less. Therefore, if approved, the remaining restaurant with 80 plus seats would be eligible to apply for up to nine DFO seats, subject to Council endorsement.

Benefits of Proposal

Staff has not had difficulties with small neighbourhood pubs. Experience has shown that establishments with 65-seats or smaller cannot viably support large live acts and, therefore, the probability of this type of entertainment is remote. The condition limiting the type and size of live acts should mitigate potential noise impacts on the surrounding community.

The small size of the venue should help minimize the potential of the establishment becoming a destination facility.

Negatives of Proposal

There is the potential for increased noise generated from both within the premises and patrons in the surrounding area, along with parking issues.

RESULTS OF NOTIFICATION

A neighbourhood notification was conducted and two thousand notices were delivered in the area, (refer to the appendix). More than 100 voice-mail responses were received in favour and four opposed. In addition, responses by e-mail and letter showed 13 in favour and 13 in opposition. It should be noted, however, that several of the voice-mail responses in favour came from people who gave contact addresses and/or telephone numbers in other parts of the city, well outside the neighbourhood survey area.

A public meeting was held on June 20, 2000, and was attended by 58 people. Approximately ten did not live within the survey area, but attended to show their support.

A petition signed by 41 neighbourhood residents showing their opposition to the proposal was submitted at the public meeting. (Petition on file in Licenses & Inspections Department).

A petition conducted by the applicants with 567 signatures in favour of the proposal was also submitted at the public meeting. Again, it should be noted that approximately 25% of the signatures on this petition gave contact telephone numbers indicating residence well outside the neighbourhood survey area. (Petition on file in Licenses & Inspections Department).

The applicant also submitted 12 letters of reference from various commercial enterprises, including the building owner, neighbouring business operators and suppliers.

The majority of those attending the meeting showed support for the proposal and the operators of the pub. Many felt that the existing operation is well run and that the applicants are conscientious corporate neighbours who deserve the opportunity to have a neighbourhood pub.

Some residents felt strongly that the Kitsilano area is already saturated with licensed establishments, and that these establishments all contribute to intolerable conditions in the area. Many of these issues are consistent with street nuisance problems which are also associated to the large cabarets located in the downtown peninsula adjacent to residential developments.

Those who attended the meeting acknowledged that the applicant was not the sole cause of the disturbances, if at all, but were concerned that approval of the pub would add to the existing problems. There were also concerns about the difficulties the City and Liquor Control and Licensing Branch have in regulating street nuisance issues.

It was also generally acknowledged that Kitsilano is a vibrant community with a long history of "street" related concerns and problems. The proximity of the beach draws many people from outside the community, and businesses who operate outside the license classification have combined to create a greater negative impact on the street. Even some of the residents opposed to the application acknowledged that many of the disturbances were caused not by patrons from the area, but by people from outside the neighbourhood who view this portion of Kitsilano as a destination area. Typically these people are not considerate of the surrounding residents.

COMMENTS

The Police Department notes that the Sunset Grill is in an area of the City that is always busy with people and vehicles day and night. People are drawn to the area for its eclectic mix of business, residential and water activities. In this exciting section of the City, noise is a considerable issue. There are some businesses that violate their business and liquor licenses, adding to the pressures of the area. For various reasons, enforcement for violators has been slow or non existent. This is a situation that the City is working toward correcting by combining inspections with Fire, Police, Licenses & Inspections Departments and Liquor Control and Licensing Branch.

In some non compliance businesses, a change to the licenses would not be contemplated. However, due to the compliance history of the Sunset Grill, the Police Department takes no issue with the partial change of use of the total number of seats, providing there is a Good Neighbour Agreement between the owner and the City and no live amplified musical instruments at any time.

Development Services Department records indicate the site is zoned C-2B Commercial District.

On February 14, 1973, Development Permit Number DE61470 was issued for a Restaurant-Class 1 in this existing building. On October 9, 1978, Development Permit Number DE81643 was issued for alterations of approximately 1,316 sq.ft. to this existing restaurant and the use of a 300 sq. ft. portion of the existing restaurant for a holding bar, with a maximum of 23 seats.

With this current proposal, a Neighbourhood Public House is a conditional use under C-2B zoning, and to change a portion of the existing Restaurant-Class 1 to a Neighbourhood Public House will 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 nearby residential uses. As well, an application of this type would be reviewed in accordance with the Neighbourhood or Marine Public House Guidelines adopted by City Council on August 9, 1988, and the Cabaret and Restaurant Guidelines adopted by City Council on August 9 and October 4, 1998.

The Vancouver/Richmond Health Board has no objections as long as the use of amplified music is restricted to avoid noise problems in this residential area.

The Social Planning Department has some concerns over the potential for additional noise and traffic.

The Housing Centre has no comments

The Vancouver School Board was advised of the application but, to date, no response has been received.

CONCLUSION

The public input response is generally divided between support for this particular establishment and concerns related to overall impacts in the neighbourhood. Residents feel that the Sunset Grill is well run, and generally does not add to the street noise and public nuisance issues. The combination of the beach proximity and the problems attributed to other establishments causes the residents to be concerned about a Class `D' Neighbourhood Pub in the neighbourhood.

Staff puts this item forward for consideration, noting that the temporary Development Permit will provide a method of dealing with future impacts.

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

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