ADMINISTRATIVE REPORT

Date: January 21, 2002
Author/Local: Guy Gusdal/604-871-6461

RTS No. 2320

CC File No. 2615-32

P&E: February 21, 2002

TO:	Standing Committee on Planning and Environment
FROM:	Chief License Inspector
SUBJECT:	961 Denman Street - Dover Arms Neighbourhood Public House Ltd. Change in Hours of Operation: Friday and Saturday

RECOMMENDATION

THAT Council, having considered the concerns of residents of the community as determined by neighbourhood notification, the proximity of residential development, noise impacts and bylaw enforcement history, advise the Liquor Control and Licensing Branch it does not endorse the application by Dover Arms Neighbourhood Public House Ltd. to amend the hours of operation on Friday and Saturday to 11:00 a.m. to 1:00 a.m. at the Class `D' Neighbourhood Pub, 961 Denman Street.

GENERAL MANAGER'S COMMENTS

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

COUNCIL POLICY

Council policy requires that amendments to existing Class `D' Neighbourhood Pubs are subject to a neighbourhood notification, Good Neighbour Agreement and Legal Agreement providing a rollback of hours provision should problems arise from the amendment to the liquor license.

PURPOSE

Dover Arms Neighbourhood Public House Ltd., is requesting a Council resolution endorsing their application for a change in hours of operation on Friday and Saturday.

BACKGROUND

Records indicate the Dover Arms Neighbourhood Pub has been in operation since 1975. The pub is licensed by the Liquor Control and Licensing Branch for 99 seats and does not have a patio. Some of the early neighbourhood pubs were approved for a seating capacity of approximately 100 prior to a change in Liquor Control and Licensing Branch policy of limiting seating to 65. Entertainment is provided by television for sports events and live bands, usually on weekends.

This application is for a change in hours to permit the pub to stay open one hour later, until 1:00 a.m. on Friday and Saturday nights. The existing hours of operation are Monday to Saturday 10:00 a.m. to 12:00 midnight and Sunday 11:00 a.m. to 12:00 midnight. The proposed hours of operation are Monday to Thursday 10:00 a.m. to 12:00 midnight, Friday and Saturday 11:00 a.m. to 1:00 a.m., and Sunday 12:00 noon to 12:00 midnight.

Class `D' Neighbourhood Pub Regulations and Policies

Current Liquor Control and Licensing Branch regulations permit a Class `D' Neighbourhood Pub to operate a maximum of 14 hours per day, between the hours of 9:00 a.m. and 1:00 a.m. seven days a week. However, Liquor Control and Licensing Branch policy is to limit closing at 1:00 a.m. to Friday and Saturday only.

Area Surrounding Premises

The subject premises are located in a C-5 Commercial West End zoning district. The surrounding area is primarily apartments. The closest residential units are located directly adjacent to the south property line and to the west, across the rear lane. There are two schools and one community centre in the area. Within the survey area are one Class `C' Cabaret (149 seats), two Class `A' Lounges (328 seats) and approximately 28 licensed restaurants, including a Restaurant-Class 2. The area is also served by two provincial liquor stores at 1716 Robson and 1655 Davie.

Policy Issues

There are no policy issues related to this application.

DISCUSSION

As with all changes to existing liquor licenses to increase liquor service, there is a chance for negative impacts on the surrounding community. There have been noise complaints in the past related to the Dover Arms. The proposed later closing time will result in patrons creating street noise in the surrounding residential area one hour later on Friday and Saturday than presently exists. This was the primary concern of respondents who opposed the application.
The noise problems from the pub's operation (i.e., music, etc.) seem to occur primarily on the weekend, and is probably the result of doors being left open during live performances.

The Vancouver/Richmond Health Board advises that the operators of the Dover Arms appear to be unwilling to comply and continually violate the City's Smoking Bylaw, even after a conviction for bylaw violations. The operators' disregard for the Smoking Bylaw is creating a significant amount of tension among other licensed operators in the area who try to comply with the bylaw.

Staff is also concerned about later closing times for neighbourhood pubs and the impact this will have on police resources. The present two-hour stagger in closing times between this establishment and cabarets is beneficial in that respect by easing the concentration of pedestrians on the streets between the critical closing hours of 1:00 a.m. and 3:00 a.m.

RESULTS OF NOTIFICATION

A neighbourhood notification was conducted and 1,980 notices circulated. A sign was also erected advising of the application. Twenty-four responses were received opposing the application and four in favour. Most of the residents who oppose the change of hours live on Gilford, Nelson and Barclay Streets, and advise they are already adversely impacted by the rowdy behaviour and related street noise caused by some of the patrons when they leave the pub at midnight, and extending closing time to 1:00 a.m. on Friday and Saturday would only add to the disruptions. Some residents also reported they are being disturbed by the volume of the music emanating from the premises.

COMMENTS

The Police Department advises that the West End Community Police Centre has received several noise complaints from neighbours of the Dover Arms. The complaints are mostly received on weekend nights, just before the pub's closing time. Extending the hours on the weekend would aggravate the existing problem and result in additional complaints.

The Development Services Department has reviewed the application and advises the existing building is currently approved as a neighbourhood public house. Based on the information provided, the department has no additional comments or concerns with the application.

The Vancouver/Richmond Health Board advises that it adamantly opposes the request for an extension of hours based on the operators' continual violations of the Smoking Bylaw, even after bylaw convictions. The disregard for bylaw regulations has created enforcement difficulties with other liquor licensed facilities in the area.

The Social Planning Department and Housing Centre have no comments.

The Vancouver School Board was advised of the application but, to date, no response has been received.

CONCLUSION

Staff feels that given the continual Smoking Bylaw violations, the negative response from some of the area residents, past noise complaints and concerns with closing times for many downtown establishments approaching 2:00 a.m., the applicants' request for a change in hours of operation should not be endorsed.

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NOTE FROM CLERK - A map of the survey area is not available in electronic form - on file in the Office of the City Clerk.

(c) 1998 City of Vancouver