Agenda Index City of Vancouver

ADMINISTRATIVE REPORT

TO:

Standing Committee on Planning and Environment

FROM:

Chief License Inspector

SUBJECT:

695 Smithe - Non-Alcohol Cabaret (Dance Hall)
Afterhours Entertainment Inc.

 

CONSIDERATION

GENERAL MANAGER'S COMMENTS

COUNCIL POLICY

Council policy is that new applications for Non-alcohol cabarets (dance halls) be limited to the Granville Street Theatre Row Entertainment District (700,800 and 900 blocks Granville). Council has also developed planning guidelines for non-alcohol cabarets (dance halls).

On September 13, 2001, Council adopted the Central Business District Liquor License Policy which included the support of a limited number of legal, non-alcohol late night entertainment opportunities.

PURPOSE

Afterhours Entertainment Inc., is requesting a Council resolution endorsing their application for a 350-seat non-alcohol cabaret (dance hall) at 695 Smithe Street.

BACKGROUND

The applicants' proposal is to provide a venue in the downtown core where on weekends people can continue to dance and socialize after 2:00 a.m. when liquor licensed cabarets close. The non-alcohol cabaret (dance hall) will be located on the third floor at 695 Smithe Street (888 Granville Street). House music will be provided for dancing. No alcoholic beverages will be available, only juices and water.

Non-alcohol cabarets are excluded from the Granville Street Theatre Row Entertainment District liquor license policy. Therefore, any decision on this application will not impact Council policy for the District. However, Council's decision should consider the potential street impacts of this establishment when operating in conjunction with the other existing and proposed establishments in the Entertainment District.

The only other approved non-alcohol cabaret in the city is at 816 Granville Street.

Regulations and Policies

There is no separate definition for a dance hall under the Zoning and Development By-law.
The bylaw defines a cabaret as the use of premises for dancing by customers and where entertainment may be provided.

License Bylaw regulations require dance halls to close between 2:00 a.m. and 7:00 a.m., with the exception of weekends when they can operate 24 hours a day, effectively from Friday 7:00 a.m. through to Monday at 2:00 a.m. The license holder can also apply to the Chief License Inspector for a variance to these operating hours on public holidays and for special events.

Amplified musical instruments, recorded music and patron dancing are all permitted forms of entertainment. There is no explicit restriction on the number of entertainers permitted on stage at any given time. Exotic entertainment/dancers are not permitted.

Area Surrounding Premises

The subject premises are located in the DD Downtown zoning district. The surrounding area is a mixture of retail, office, hotel, restaurant, cabaret, pub and residential uses (refer to the appendix). There are six Class `C' Cabarets (2076 seats), three Class `A' Pubs (519 seats), four Class `A' Lounges (715 seats) one Class `D' Neighbourhood Pub (65 seats) and approximately 31 licensed restaurants within the survey area. The closest provincial liquor store is at 1120 Alberni Street.

DISCUSSION

Should Council endorse the application and permits are issued approving the use as a cabaret (typically development, building and occupancy permits), then at some time in the future the business owners could apply to the Liquor Control and Licensing Branch for a liquor license. The required temporary Development Permit with a condition that no liquor license be approved at this location, along with a Good Neighbour Agreement, should prevent the issue of a liquor license. It is expected that any future request for a permanent liquor license would require a new Council resolution.

Policy Issues

The only policy issue relates to the requested seating capacity of 350 which is well above Council approved guidelines of 200 people. Furthermore, a cursory review of the applicants' preliminary plans appears to indicate that the space could not support an occupant load of this magnitude. As a result, staff is suggesting a much lower figure of 240 people, even though this is slightly over the approved guidelines. Staff feels that even this figure may not be supportable following an in depth code review of the application.

Benefits of Proposal

Staff feels that the proposal should add to the variety of entertainment within the Theatre Row Entertainment District. A viable "after-hours" operation should help ease the demand for illegal venues throughout the city. Illegal venues continue to be problematic for police and other city enforcement staff as events are often held in unsafe, dangerous premises.

Negatives of Proposal

At 350 people, staff would be concerned about the size of the venue and the potential impact on the street. However, at 240 or less this concern diminishes substantially.

The other significant concern relates to the lack of a statutory right of the Police Department to enter the premises. Unlike an establishment that holds a provincial liquor license where the Liquor Control Act grants law enforcement officers the right to enter the establishment, the City License Bylaw does not have the equivalent authority to grant police the right to enter the premises. Therefore, unobstructed police access would have to be guaranteed through agreements between the City, Police Department and the licensee. These agreements could not be enforced at a specific point in time when an officer's access to the premises is being obstructed, but would be followed up at a later date. By contrast failure to provide immediate police access to a liquor licensed establishment could result in the immediate arrest of that individual. It is unlikely the operators would refuse access and jeopardize the operation of the venue.

RESULTS OF NOTIFICATION

A neighbourhood notification was conducted by circulating 1,445 notices in the area (refer to the appendix). A sign advising of the application was also erected at the site. Four responses were received in opposition citing concerns over possible noise impacts. One respondent was in favour provided the operation was legitimate and had significant investment in the property to ensure the risk of financial loss was sufficient to encourage responsible operation.

COMMENTS

The Police Department does not oppose the application. An officer from the Granville Community Police Centre met with Mr. Jasper Morgan, a director of the company, who indicated willingness to work with police on the enforcement of a strictly non-alcohol and drug free environment, noise concerns, non admission of underage patrons and any problems arising from intoxicated patrons from neighbouring cabarets.

The Development Services Department has reviewed the application and notes the site is located in the Downtown (DD) Zoning District - Subarea K1. Cabaret is listed as a "conditional" use in the Downtown District Official Development Plan.

The subject building is currently approved for retail, hall (i.e., dance-studio), and restaurant uses. To change the use on the third floor (approximately 3,850 square feet) from dance-studio to cabaret will require a development application.

As part of the review process, staff would include an assessment of the anticipated impacts on nearby sites, particularly any residential uses. An application of this type would also be reviewed in accordance with the provisions of the Cabaret and Restaurant Guidelines adopted by City Council on August 9 and October 4, 1988.

The Vancouver/Richmond Health Board has no comments at the time of the submission of this report, but may have by the date of the Committee meeting.

The Social Planning Department has concerns about exceeding the capacity guidelines of 200 seats, but in light of the Police Department's support, will also support 240-seats.

The Housing Centre has no comments.

CONCLUSION

Staff feels that the controls placed on the approval by a Time Limited Development Permit and license conditions should ensure the business operation does not negatively impact city resources or the surrounding neighbourhood. As a result, staff favours approval of the application but has submitted two consideration items due to the limited possibility the use could become problematic.

The applicants have acknowledged staff's concern with the 350-seat capacity and have confirmed they are willing to accept a reduced capacity.

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