ADMINISTRATIVE REPORT

Date: Nov 29/01
Author/Local: P Teichroeb/7545

RTS No. 02444

CC File No. 2615-29/30/31

Council: December 11, 2001

TO:	Vancouver City Council
FROM:	Chief License Inspector
SUBJECT:	337 West Pender Street - Class `D' Neighbourhood Pub 870 Granville Street - Class `D' Neighbourhood Pub 3124 West Broadway - Class `D' Neighbourhood Pub

RECOMMENDATION

A. THAT Council having considered that the majority of area residents and business operators of the community are in favour of this application endorse the request by Mark James for a 65-seat Class `D' Neighbourhood Pub with adjoining Restaurant Class-1 at 337 West Pender Street. Council also considered the proximity of other social facilities, public buildings, traffic impacts, and the availability of parking, possible noise impacts on existing and future residential, the appearance and overall design of the building and subject to the following:

i) A Time-Limited Development Permit;
ii) The signing of a Good Neighbour Agreement with the City before the issuance of a business license;
iii) No exotic entertainment;
iv) A legal agreement providing for the permanent closure of the 100-seat cabaret doing business as Ms. T's to the satisfaction of the Chief License Inspector and the Director of Legal Services; and
v) Hours of operation limited to 10:00 am to 12:00 midnight, 7 days a week.

B. THAT Council having considered that the majority of area residents and business operators of the community are in favour of this application endorse the request by 530077 BC Ltd. for a 65-seat Class `D'Neighbourhood Pub at 870 Granville Street. Council also considered the proximity of other social facilities, public buildings, traffic impacts, and the availability of parking, possible noise impacts on existing and future residential, the appearance and overall design of the building and subject to the following:

i) A Time-Limited Development Permit and/or Legal Agreement;
ii) The signing of a Good Neighbour Agreement prior to issuance of the Business License;
iii) A Legal Agreement limiting the Class `D' Neighbourhood Pub seating to 65-seats despite any future changes to the Provincial Liquor Regulations;
iv) The hours of operation to be limited to 10:00 am to 12:00 midnight Monday to Thursday, 11:00 am to 1:00 am Friday and Saturday, and 11:00 am to 12:00 midnight on Sunday; and
v) No exotic entertainment.

C. THAT Council having considered that the majority of area residents and business operators of the community are in favour of this application endorse the request by Fringe Café Ltd. for a 46-seat Class `D' Neighbourhood Pub with 4 -seat patio at 3124 West Broadway. Council also considered the proximity of other social facilities and public buildings, traffic impacts, and the availability of parking, possible noise impacts on existing and future residential, the appearance and overall design of the building and subject to the following:

i) A Time-Limited Development Permit, including a condition that the neighbourhood pub not be used in conjunction with another liquor license use;
ii) A signed Legal Agreement for a new establishment prior to the first renewal of the development permit which will include a provision to hold the seating capacity to current numbers, regardless of any changes to the seating capacity regulations as a result of the Provincial Liquor License Regulations review;
iii) The signing of a Good Neighbour Agreement prior to the issue of a Business License;
iv) The hours of operation be limited to 10:00 am to 12:00 midnight Sunday to Thursday and 11:00 am to 1:00 am on Friday and Saturday;
v) The patio closing at 11:00 pm; and
vi) No live amplified musical instruments permitted and all live entertainment will be limited to a maximum of two performers at any given time.

GENERAL MANAGER'S COMMENTS

The General Manager recommends approval of the foregoing.

COUNCIL POLICY

There is no policy directly related to this issue.

PURPOSE

Mark James is requesting a Council resolution endorsing his request for a 65-seat Class `D' Neighbourhood Pub at 337 West Pender Street. 530077 BC Ltd. is requesting a Council resolution endorsing their request for a 65-seat Class `D' Neighbourhood Pub at 870 Granville Street. The Fringe Café Ltd. is requesting a Council resolution endorsing their request for a 46-seat with 4-seat patio Class `D' Neighbourhood Pub at 3124 West Broadway.

BACKGROUND

Council considered these applications and passed similar motions on July 8, 1999 regarding the Neighbourhood Pub application at 337 West Pender Street, on December 16th, 1999 regarding the Neighbourhood Pub application at 870 Granville Street, and on March 15, 2001 regarding the Neighbourhood Pub application at 3124 West Broadway.

The applicants have been waiting for approval from the Liquor Control and Licensing Branch (LCLB) for over a year. They will be appearing at the LCLB liquor licensing committee shortly and have recently been informed that the original council resolution does not conform to Branch policy requirements. These resolutions did not specifically mention that the majority of area residents supported these applications although these issues were part of theoriginal review and discussion. The applicants have requested a modified council resolution which would meet the LCLB policy.

CONCLUSION

Staff recommend that the revised recommendations as presented in this report be adopted by Council in order for the applicants to be able to receive consideration by the LCLB as soon as possible.

* * * * *

(c) 1998 City of Vancouver