ADMINISTRATIVE REPORT

Date: February 6, 2002
Author/Local: Guy Gusdal/

604-871-6461

RTS No. 1945

CC File No. 2615-20

CS&B: February 21, 2002

TO:	Standing Committee on City Services and Budgets
FROM:	Chief License Inspector
SUBJECT:	1167 Davie Street - The Pumpjack Pub Ltd. Off-Premise Sales in Class `D' Neighbourhood Pub

CONSIDERATION

A. THAT Council, having considered the area residents and business operators of the community to be in favour of the application as determined by neighbourhood notification, the proximity of residential developments, traffic patterns, road access, availability of parking, noise impacts and overall design, endorse the request by The Pumpjack Pub Ltd., for off-premise sales in the Class `D' Neighbourhood Pub at 1167 Davie Street subject to:

i) A Legal Agreement to the satisfaction of the Director of Legal Services and the Chief License Inspector providing the ability to temporarily or permanently rescind the off-premise sales should problems arise from the amendment to the liquor license;

ii) Off-premise sales to cease at 11:00 p.m. every night;

iii) All product sales are to be removed from the premises immediately.

or

B. THAT Council advise the Liquor Control and Licensing Branch it does not support the application from The Pumpjack Pub Ltd., for off-premise sales at the Class `D' Neighbourhood Pub at 1167 Davie Street, having considered the opinion of area residents and business operators of the community as determined by neighbourhood notification, the proximity of residential developments, traffic patterns, road access, availability of parking, noise impacts and overall design.

GENERAL MANAGER'S COMMENTS

The General Manager of Community Services submits the choice of A or B for CONSIDERATION.

COUNCIL POLICY

On May 18, 2000, Council adopted the West End Licensing Policy, which included:

THAT allowances be made for up to seven additional Class `D' Neighbourhood Pubs in two phases. Phase one: 2000 - mid 2002 (four pubs). Phase two: Mid 2002 - 2004 (three pubs), generally distributed and phased as follows:

Davie Village

· 1000 block Davie Street - Phase one: One neighbourhood pub with up to 65 seats and 20 patio seats.

· 1100 block Davie Street - Phase one: One neighbourhood pub with up to 65 seats and 20 patio seats. Phase two: One neighbourhood pub with up to 40 seats and 10 patio seats.

· 1200 block Davie Street - Phase One: One neighbourhood pub with up to 40 seats and 10 patio seats. Phase two: One neighbourhood pub with up to 40 seats and 10 patio seats;

and in addition, the opportunity for one Restaurant-Class 2 in the Davie Street Village (1000-1200 block) with up to 100 seats and 20 patio seats.

PURPOSE

The Pumpjack Pub Ltd., is requesting a Council resolution endorsing its application for off-premise sales in the 65-seat with 20-seat patio Class `D' Neighbourhood Pub at 1167 Davie Street.

BACKGROUND

On July 27, 2000, Council endorsed the application by Doll and Penny's Café Ltd., (now renamed The Pumpjack Pub Ltd.) for a 65-seat with 20-seat patio Class `D' Neighbourhood Pub, subject to a time-limited Development Permit, a Legal Agreement, the signing of a Good Neighbour Agreement, the hours of operation limited to 10:00 a.m. to 12:00 midnight Sunday to Thursday and 11:00 a.m. to 1:00 a.m. Friday and Saturday, and the patio closing at 11:00 p.m.

The Liquor Control and Licensing Branch issued their liquor license on December 6, 2000. However, an Occupancy Permit for the neighbourhood pub was not issued until October 11, 2001.

On September 14, 2000, Council endorsed a similar request by the Fountainhead Pub Ltd., 1025 Davie Street for off-premise sales in the Class `D' Neighbourhood Pub. To date, no comments or complaints have been received regarding this establishment and in particular off-premise sales.

Off-Sales Regulations and Policies

Up until June 5, 2000, Liquor Control and Licensing Branch regulations provided authority for off-sales endorsements for Class `A', `D', `F' and `I' licensed establishments and set conditions including 11:00 p.m. cut off for sales and that the product must be removed from the premises immediately after it is purchased.

Since June 5, 2000, Liquor Control and Licensing Branch regulations have been revised and no more off-premise sales applications will be considered. However, on February 2, 2001, the Branch advised that The Pumpjack Pub is eligible for consideration upon endorsement of the City, as the application was received prior to the revision date.

Area Surrounding Subject Premises

The subject premises are located in a C-5 (West End) zoning district. The surrounding area is a mixture of retail, restaurants, office, institutional, cabaret, hotel and multi-residential uses. There are a significant number of residential apartments in the area (see the attached appendix). The nearest residential buildings are located north across the lane and directly adjacent to the west side of the site above the commercial units.

There is one Class `C' Cabarets (195 seats), one Class `A' Lounge (46 seats) three Class `D' Neighbourhood Pubs (including the applicant) -- one with off-premise sales -(195 seats and 60 patio seats) and 24 licensed restaurants in a 1,000 foot radius. A private wine store (Marquis Wine Cellar) is located at 1034 Davie and there is a provincial government liquor store at 1155 Bute Street.

RESULTS OF NOTIFICATION

A neighbourhood notification was conducted by circulating approximately 1185 notices in the survey area (refer to the appendix). The notice generated 26 responses in favour and ten opposed from residents living within the survey area. A further ten written responses in favour were received from patrons of the pub who are West End residents, but live outside the survey area. Another 29 responses in favour were received from other areas of the city, well outside the boundaries of the neighbourhood survey.

In addition, the applicant organized a voice-mail petition in favour by having approximately 55 patrons phone directly from the pub on a special "hot line" and reading from a prepared script. Approximately 33 callers indicated residences within or close to the survey area while others, although West End residents, gave addresses outside the survey area. Several callers were from other parts of the city and a few from as far afield as Ottawa, Washington and Australia, while others gave no indication of where they lived.

The majority of responses in favour most often stated that they simply support the request with no further explanation. Other responses often cited the pub's value to their clientele and community.

Most responses opposed were concerned about the additional impact on the neighbourhood and the potential further deterioration of the community from problems often associated with the public consumption of alcohol. It was felt that the off-sales endorsement would increase the availability of alcohol in the neighbourhood and, thus, potentially on the street.

DISCUSSION

Staff's primary concern is the concentration of liquor retailers in the area. The provision for a Legal Agreement should provide adequate control over the pub's off-premise sales to ensure that it does not impact on the surrounding community.

It should be noted that the applicants also have two other requests for liquor license amendments with the Licenses and Inspections Branch: a seating capacity increase request as part of the Provincial Liquor Review - Person Capacity Increase (PCI) bulk process policy and a change of hours request for 1:00 a.m. closing seven days a week.

The applicant has persisted in demanding that staff present all three requests (off-premise sales, seating capacity increase and change of hours) to Council at the same time. Staff has resisted the demand for a number of reasons:

1) The PCI request must be processed in conjunction with the other 78 applications. Staff anticipates presenting the initial report on this issue to Council in the very near future.

2) The proposed change of hours has also been requested by other establishments in the past, and all enquirers have been advised by staff that it is contrary to existing Liquor Control and Licensing Branch policy and, therefore, would not be supported. Furthermore staff advised that any change from the 1:00 a.m. closing on Friday and Saturday nights will require policy review first, as this change will effectively `raise the bar' and have implications throughout the city.

COMMENTS

The Police Department is opposed to any increase access to liquor in the downtown area, subject to police resources being increased.

The Development Services Department has reviewed this application and based on the information available has no additional comments.

The Vancouver/Richmond Health Board has no objection.

The Social Planning Department is concerned that there are already a number of establishments and facilities where off-premise sale of liquor is available. These include the Fountainhead Pub, just one block away, provincial liquor stores at 1716 Robson, 1655 Davie, 1120 Alberni and 1155 Bute and a private wine store at 1034 Davie, which makes it more difficult to support a request for more off-premise sales in the neighbourhood.

The Housing Centre has no comments.

CONCLUSION

As a result of the apparent support of the community, but noting the concerns with having a number of retail liquor outlets in the area, staff has submitted the two consideration items to Council.

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