ADMINISTRATIVE REPORT

Date: October 3, 2001
Author/Local: Guy Gusdal/604-871-6461

RTS No. 2243

CC File No. 2612-18

P&E: October 18, 2001

TO:	Standing Committee on Planning and Environment
FROM:	Chief License Inspector
SUBJECT:	2889 E. Hastings Street - The Atrium Inn Inc. Addition of 29-Seat Patio and Change in Hours of Operation Class `A' Public House

RECOMMENDATION

THAT Council, having considered the opinions of area residents and business operators of the community as determined by neighbourhood notification, the proximity of residential developments, noise impacts and the overall design, endorse the application by The Atrium Inn Inc., for a 29-seat outdoor patio and a change in Friday and Saturday operating hours, at the Grand Garage Sports Bar & Grill Class `A' Public House, 2889 E. Hastings Street, subject to:

i. The hours of operation limited to Monday to Thursday 11:00 a.m. to 1:00 a.m., Friday and Saturday: 12:00 noon to 2:00 a.m. and Sunday 12:00 noon to 12:00 midnight.

ii. A Time-Limited Development Permit for the patio seating area

iii. The signing of a Good Neighbour Agreement

iv. The patio closing no later than 11:00 p.m.

v. A legal Operating Agreement to provide for a rollback to existing hours of operation should problems arise from the amendment to the liquor license hours of operation.

GENERAL MANAGER'S COMMENTS

The General Manager of Community Services RECOMMENDS approval of the foregoing.

COUNCIL POLICY

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

PURPOSE

The Atrium Inn Ltd., is requesting a Council resolution endorsing their application for a 29-seat patio and a change in hours of operation on Friday and Saturday at the Grand Garage Sports Bar & Grill Class `A' Pub, 2889 E. Hastings Street.

BACKGROUND

Records indicate that the Class `A' Pub has been in operation since 1989. It is licensed by the Liquor Control and Licensing Branch for 118 seats. This application is for a 29-seat patio, which would be located on private property at the front of the Atrium Inn facing East Hastings Street, and a change in hours of operation on Friday and Saturday. The existing hours of operation are Monday through Saturday: 11:00 a.m. to 1:00 a.m., and Sunday: 12:00 noon to 12:00 midnight. The proposed hours of operation are Monday through Thursday: 11:00 a.m. to 1:00 a.m., Friday and Saturday: 12:00 noon to 2:00 a.m. and Sunday: 12:00 noon to 12:00 midnight.

Class `A' Public House 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 Development Services and Health Departments require the patio to be designed to mitigate impact on neighbouring properties as part of the development application process.

Class `A' Public House Hours of Operation Regulations and Policies

Current Liquor Control and Licensing Branch regulations permit a Class `A' Pub to operate a maximum of 14 hours per day, between the hours of 9:00 a.m. and 2:00 a.m. Monday through Sunday. City policy has not been developed with respect to 2:00 a.m. closing on Sunday, and staff would not recommend Council endorse any request for Sunday closing time beyond 12:00 midnight. It should be noted that the applicant has not requested a change for a later Sunday closing time.

Area Surround Premises

The subject premises are located in a CD-1 Comprehensive Development zoning district. The surrounding area consists primarily of one-family dwellings, with the closest residential located directly across the rear lane from the hotel.

The East Hastings Street corridor is developed commercially with retail and restaurants.
There are six licensed restaurants, including one in the Atrium Inn, and no other pubs or lounges within the survey area. The closest provincial liquor store is located at 2769 E. Hastings Street.

Policy Issues

There are no policy issues related to this application.

DISCUSSION

The primary concern of staff with this application was the potential impact on the surrounding residents. The limited response to the neighbourhood notification and site sign would seem to indicate there is little concern in the community.

Benefits of Proposal

By limiting the change of hours to Friday and Saturday nights only, the potential impact will be mitigated. Also, the requirement to enter into a Legal Agreement should ensure the change in hours does not adversely affect the area residents.

The patio will address the impending changes to the Workers' Compensation Board rules for a smoke-free work environment and the City's anti smoking regulations. The proposed location, facing East Hastings Street, and the 11:00 p.m. closing should ensure that any noise from the patio would not likely be heard above the heavy street traffic at this location. TheTime-Limited Development Permit will ensure the patio operation does not negatively impact on the surrounding community and will result in a regular review of the patio operation.

Negatives of Proposal

As with all changes to existing liquor licenses, there is a chance for negative impacts on the surrounding community. Good management of the business is integral to success in mitigating these impacts and the existing hotel management has established a good track record at this location.

RESULTS OF NOTIFICATION

A neighbourhood notification was conducted by circulating 228 notices in the area (refer to the appendix). One response was received in favour and one opposed, both from residents within the survey area.

COMMENTS

The Police Department does not oppose the application as long as a Good Neighbour Agreement is signed in conjunction with the change.

The Development Services Department has reviewed the application and records indicate that the site is zoned CD-1 Comprehensive Development District.

On March 15, 1988, Development Permit DE205499 was issued permitting the construction of a four-storey hotel with three levels of underground parking, having ancillary retail, pub and restaurant on the first floor. Any proposal to provide an outdoor seating area ancillary to the pub and restaurant will require 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 uses.

The Vancouver/Richmond Health Board inspected the premises and has no objections.

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

CONCLUSION

Given the minimal response to the neighbourhood notification and the controls over the establishment's operation through the Legal Agreement and the Time-Limited Development Permit, staff recommends that Council endorse the request for a 29-seat patio and a change in hours of operation for Friday and Saturdays as outlined in this report.

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

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