ADMINISTRATIVE REPORT

TO:

Standing Committee on Planning and Environment

FROM:

Chief License Inspector

SUBJECT:

3611 West Broadway - The Jazz Cellar Café Ltd.
Restaurant-Class 2 Liquor License

 

RECOMMENDATION

GENERAL MANAGER'S COMMENTS

COUNCIL POLICY

Council policy is that a new Restaurant-Class 2 is subject to a Time-Limited Development Permit, Good Neighbour Agreement, neighbourhood notification and, in some cases, a public meeting.

PURPOSE

The Jazz Cellar Café Ltd., is requesting a Council resolution endorsing the application to replace the existing 67-seat Restaurant-Class 1 with a 67-seat Restaurant-Class 2 at The Cellar, 3611 West Broadway.

BACKGROUND

The operation of the restaurant was taken over by The Jazz Cellar Café Ltd., (Cory Weeds, a jazz musician, and Don Godhra, an executive chef and restauranteur) in July 2000. A Restaurant-Class 1 has been at this location for several years. The applicants advise that since taking over, they have successfully changed the age and type of clientele from predominately young to more mature people who come to dine and enjoy listening to jazz. Limited low frequency amplification has been in use for instruments such as an electric guitar and piano, along with a microphone for a singer.

The applicants also advise that: "The Cellar has gained a reputation nationally as one of Canada's premier spots show casing mainstream acoustic jazz." The venue is presented and promoted as a "listening" jazz/supper restaurant. The applicants have implemented a strict noise enforcement policy, and patrons are asked to refrain from talking as much as possible during a performance.

The applicants feel the endorsement of a Restaurant-Class 2 would allow the booking of more than two jazz musicians, with most acts consisting of trios and quartets and, on occasion, a quintet or sextet. The booking policy now in place would continue to limit the amplification. The applicants advise that instruments such as an electric guitar, acoustic/upright bass and piano cannot blend with other instruments without being slightly amplified, and a microphone is used by a singer.

Restaurant-Class 2 Regulations and Policies

A Restaurant-Class 2 is entitled to serve all types of liquor with a full course meal. Music and dancing are permitted. Council policy prohibits exotic dancers in all new liquor licensed establishments and Liquor Control and Licensing Branch policy excludes exotic entertainment where minors are permitted.

The applicants advise that due to limited space in the restaurant and their policy of presenting jazz for "listening" pleasure, there would be no dancing by patrons.

The existing hours of operation are 12:00 noon to 1:00 a.m. Monday to Saturday. Currently the restaurant is closed on Sunday. Liquor Control and Licensing Branch regulations allow the restaurant, as a Class 2, to operate between 10:00 a.m. and 12:00 midnight seven days a week. However, the applicants have advised they plan to open from 6:30 p.m. to 12:00 midnight Tuesday through Sunday, and that in most cases the music would end before midnight.

Area Surrounding Subject Premises

The subject premises are located in a C-2 Commercial District and surrounded by a mixture of retail, restaurant, and residential uses. The nearest residences are located in adjacent mixed-use buildings and in one and two family dwellings directly north across the rear lane (refer to the appendix).

There are approximately seven licensed restaurants and one Royal Canadian Legion Branch Class `A' Lounge (393-seats) within the 1000-foot survey area. The closest provincial liquor store is located at 2083 Alma Street.

Policy Issues

There are no outstanding policy issues with this application.

DISCUSSION

Prior to the applicants taking over the business in July 2000, staff and the Police Department had received complaints regarding the operation of the restaurant. Since then, however, no complaints have been received by staff, and the business appears to be well run.

Benefits of the Proposal

The high degree of control through the Time Limited Development Permit and the non transferable entertainment endorsement will ensure the business is operated in a manner which will mitigate any negative impacts on the surrounding community. The venue will enhance the legitimate entertainment and music scene within the city. The mature clientele attracted to the restaurant has not created any disturbances or other issues in the area. Further, the reduced operating hours, 12:00 midnight closing and the small size of the venue should minimize any impact on surrounding residents.

Negatives of the Proposal

There is the potential for an increase in noise disturbances from band-size entertainment.

RESULTS OF NOTIFICATION

A neighbourhood notification was conducted by circulating 300 notices in the area (refer to the appendix). Forty-seven responses were received in favour, four opposed, and two letters from neighbours who were neutral, but expressed some concern over parking facilities and the potential for increase in noise. It should also be noted that approximately half of the responses in favour came from afficionados of jazz, who do not reside within the neighbourhood notification area. Staff does not feel a public meeting is required because of the limited response to the neighbourhood notification and the sign erected on the site.

COMMENTS

The Police Department advises that until July 2000, The Jazz Cellar had a history of noise complaints and entertainment contrary to its endorsement.

In August 2000, the ownership changed and police met with the present operators and discussed their future business plan. The applicants informed that it was their intention to change from catering to a younger clientele to an older group, and to run the operation as a jazz/supper restaurant, rather than the bar it had previously been. In the past year, police inspections have shown that this is indeed what they have accomplished.

The Jazz Cellar fronts on a busy street and backs onto medium density residential property. The type of entertainment the owners provide appears to be compatible with the neighbourhood, as evidenced by lack of citizen noise complaints.

The approval of the change to a Restaurant-Class 2 is recommended for a time limited period of one year, during which time any impact on the neighbourhood can be monitored.

The Development Services Department has reviewed the application and records indicate that the site is located in the C-2 Commercial (Zoning) District.

The subject premise is currently approved as a Restaurant-Class 1. Restaurant-Class 2, where live entertainment is provided by three or more persons, or where there is dancing by customers or the use of any amplified musical instrument, is a use that can be considered on this site. However, to change the use from Restaurant-Class 1 to Restaurant-Class 2 will require a development application.

As part of the review process, staff would include an assessment of the anticipated impacts on nearby sites, in particular any residential uses. As well, an application of this type would be reviewed in accordance with the provisions of the Cabaret and Restaurant Guidelines adopted by City Council on August 9 and October 4, 1988.

The Vancouver/Richmond Health Board reviewed the application and has no noise related issues of concern and, therefore, has no objection.

The Social Planning Department and the Housing Centre have no specific concerns with the application.

CONCLUSION

Staff recommends Council endorse this application. Sufficient controls can be placed on the endorsement through the combination of the Time Limited Development Permit, the non transferable entertainment endorsement on the liquor license and the Good Neighbour Agreement to ensure the business operates with minimal impact on the surrounding community.

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

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