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ADMINISTRATIVE REPORT
Date: October 16, 2001
Author/Local: Guy Gusdal 604 871-6461RTS No. 2344
CC File No. 2612-11
P&E: November 1, 2001
TO:
Standing Committee on Planning & Environment
FROM:
Chief License Inspector
SUBJECT:
620 West Pender Street, 477633 B.C. Ltd. (Piccadilly Hotel)
Change of Hours in Class `A' PubCONSIDERATION
A. THAT Council endorse the request by 477633 BC Ltd., for a change in operating hours to 11:00 a.m. to 1:00 a.m. Monday through Saturday and 11:00 a.m. to 12:00 midnight on Sunday in the Class `A' Pub at the Piccadilly Hotel, 620 West Pender Street, subject to:
A Legal Agreement containing the following provisions:
i. The rollback of closing hours should problems arise from the extended hours, or if the operator fails to comply with any regulations and/or the intent of the regulations applicable to this business.
ii. Holding the seating capacity to current numbers, regardless of any changes to the seating capacity regulations as a result of the Provincial Liquor License Review.
or
B. THAT Council advise the Liquor Control and Licensing Branch it does not endorse, at this time, the request by 477633 BC Ltd., for a change in operating hours to 11:00 a.m. to 1:00 a.m. Monday through Saturday and 11:00 a.m. to 12:00 midnight on Sunday in the Class `A' Pub at the Piccadilly Hotel, 620 West Pender Street.
GENERAL MANAGER'S COMMENTS
The General Manager of Community Services submits the choice of A or B for CONSIDERATION.
COUNCIL POLICY
For existing Class `A' Lounge/Pub, Class `C' Cabaret or Class `D' Neighbourhood Pub licensed establishments seeking extended hours or seating, Council requires a Time-Limited Development Permit or a separate Legal Agreement which outline conditions of operations.
PURPOSE
477633 B.C. Ltd., is requesting a Council resolution endorsing their request for a change in hours of operation to 11:00 a.m. until 1:00 a.m. Monday through Saturday and 12:00 noon until 12:00 midnight on Sunday, from the current hours of 10:00 a.m. until 12:00 midnight Monday through Saturday and 11:00 a.m. until 12:00 midnight on Sunday, in the Class `A' Pub at the Piccadilly Hotel, 620 West Pender Street.
BACKGROUND
On July 25, 1996, the Vancouver Liquor Licensing Commission did not endorse a similar request, having considered community opinion as determined by neighbourhood notification.
On January 11, 2001, Council did not endorse a second similar application.The applicant has pointed out that since the application in 1996, the Clarence Hotel (Malones Pub), 608 W. Pender, the Ramada Hotel (ex Niagara) 435 W. Pender and the St. Regis Hotel, 602 Dunsmuir, have all received approval to change the hours of operation.
The applicant reports that the pub has been focussing on live music entertainment, but since the other hotels in the area now remain open to 1:00 a.m., the hotel is losing many of its regular customers to those and other venues that are open until 1:00 a.m. or later.
The hours of operation for the hotels in close proximity to the subject site (listed below) are Monday to Saturday 11:00 a.m. to 1:00 a.m. and Sunday 11:00 a.m. to 12:00 midnight:
608 W Pender - Clarence Hotel (Malones Sports Bar)
435 W Pender - Ramada Hotel
602 Dunsmuir - St. Regis Hotel (Legends Sports Bar and Gotham's)
518 Richards - Marble Arch HotelThe Piccadilly Hotel has 45 rooms and has been in operation for more than 100 years. Since taking over in 1990, the applicant has made a considerable investment in leasehold improvements to both the pub and exterior of the building. The hotel has recently qualified for a grant of $330,000 from the Residential Rehabilitation Assistance Program (RRAP) for rental units, and renovations are currently underway to upgrade the interior. As a condition of this grant, the hotel will remain as single room occupancy (SRO) for the next ten years. The applicant is willing to enter into an agreement with the City for use as an SRO hotel. When renovations are completed, the hotel intends to market the rooms to attract an older clientele who would benefit from living in a well run, secure facility.
The Piccadilly Hotel is located in the DD (Downtown) zoning district. The surrounding area is a mixture of business, retail and long-term residential hotel uses. The closest residential units are located in the upper floors of the Piccadilly and in the adjacent Clarence Hotel. There is also the Marble Arch Hotel, Ramada Hotel, Park Apartments, St. Clair Hotel and Central City Lodge, all located approximately within a one-block radius. Also within the survey area are two religious centres, the YWCA, BCIT Downtown Campus and Simon Fraser Downtown Campus (Appendix A.) The closest government liquor store is located at 555 West Hastings Street.
There is seven Class `A' Pubs (1568 seats) nine Class `A' Lounges (2082 seats), four Class `C' Cabarets (797 seats) one Class `D' Neighbourhood Pub (65 seats), and a second pub application at 337 W. Pender, which has received full Council endorsement, and approximately 21 licensed restaurants in the survey area.
DISCUSSION
On January 21, 2001 and July 25, 1996, Council refused similar applications for a change in hours of operation. The latter refusal was based primarily on the lack of rollback provisions for hours of operation changes to existing liquor licenses. The implementation of Legal Agreements has since resolved this concern. The January 11, 2001, refusal was based primarily on Police Department concerns about the pub's operations. Some of these issues have been resolved, but police still continue to have concerns about the pub's operation.
Should Council approve the request, the operator must be made aware that if problems resurface, the change in operating hours will be returned to the current hours, as provided for in the Legal Agreement.
Staff feels that given the limited number of residential units in close proximity to the Piccadilly Hotel, a neighbourhood notification is not required. The people most likely to be affected by the bar's operation will be the Piccadilly's own residents. Therefore, it is in the operator's best interest to mitigate the bar's impact on the surrounding neighbourhood.
It should be noted that in July 2000, Council endorsed a similar request for the Royal Hotel, 1025 Granville Street. In that decision, it was acknowledged there was a need to create a level playing field relative to the hotels in close proximity.
A similar situation exists with this application in that all the hotel bars in the vicinity have later closing hours. The Piccadilly Hotel pub shares clientele with these other hotels and, therefore, there is a high probability of "bar hopping" by the pubs' patrons.
The federal grant under the RRA Program requires that the 45 SRO rooms in the hotel be retained for the 10 years life of the loan. Therefore, staff feels it is unnecessary to require a Housing Agreement at this time. Should the applicant apply for operating hours beyond 1:00 a.m. in the future, then staff expects that, after further consultation with the community, any supportable application would be contingent upon a Housing Agreement securing the SROs and rates for a further period of time.
Staff feels the location of the hotel within the commercial portion of the Central Business District is a positive factor for the application. Residential developments are not encouraged in this part of the Central Business District.Finally, temporary extensions to 1:00 a.m. on Friday and Saturday nights have been granted to the operator since January of this year. To date, staff has not received any complaints regarding the later temporary Friday and Saturday night closing time.
COMMENTS
The Police Department does not support the application as there are still concerns regarding the ongoing management of the premises.
The Development Services Department notes that the site is located within the Downtown District and records indicate that the building is currently approved as a hotel and public house.
It should be noted that Council will give favourable consideration to endorsing applications for extensions of hours of operation or increased seating capacities in existing licensed establishments throughout the City, subject to neighbourhood consultation and Legal Agreements that deal with neighbourhood impacts and secure the affordability and upgrading of low-income housing, or which provide other significant public benefits, in accordance with the Liquor Licensing Policies and Procedures adopted by City Council on October 16 and November 6, 1990.
The Vancouver/Richmond Health Board has no concerns or objections to this application.
The Social Planning Department notes there is no adjacent nonmarket housing and is not aware of any special neighbourhood reasons why the hours should not be extended.
The Housing Centre supports the application in principle, subject to a Housing Agreement. The owner of the hotel has offered to maintain 47 SRO rooms. It should be noted that during the last nine years, 155 SRO rooms have been lost in this area due to conversion and demolition.
CONCLUSION
Given the favourable location, the "unlevel playing field" argument with nearby hotels, the Legal Agreement and the securing of SROs through the RRA Program, there are strong arguments to support the request for a change of hours. However, staff feels that given ongoing police concerns with the pub and hotel operations, endorsement of the extension of hours may not be supportable at this time. Therefore, staff has put forward two items for Council's consideration: `A' to endorse the request with conditions, or `B' not to endorse the request at this time.
ATTACHMENTS THAT DO NOT HAVE ELECTRONIC COPY ARE AVAILABLE ON FILE IN THE CITY CLERK'S OFFICE
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