Agenda Index City of Vancouver

ADMINISTRATIVE REPORT

TO:

Standing Committee on Planning & Environment

FROM:

Chief License Inspector

SUBJECT:

1795 Beach Avenue - The Spectra Group of Great Restaurants Inc.
(Boathouse Restaurant) Class `D' Neighbourhood Pub

 

RECOMMENDATION

CONSIDERATION

GENERAL MANAGER'S COMMENTS

COUNCIL POLICY

Council Policy is that a new Class `D' Neighbourhood Pub is subject to a Time-Limited Development Permit, Good Neighbour Agreement, neighbourhood notification, a public meeting and, in some circumstances, a telephone survey.

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

PURPOSE & SUMMARY

The Spectra Group of Great Restaurants Inc., is requesting a Council resolution endorsing its application for a 65-seat Class `D' Neighbourhood Pub to occupy the first floor of the existing two storey Restaurant-Class 1 facility at 1795 Beach Avenue, doing business as the Boathouse Restaurant.

Staff acknowledge the concerns of some of the area residents, but notes that of the 1860 notices delivered in the immediate notification area, only 29 responses opposed to the application were received. Ten form letters in support were also received. The low response rate (approximately 1.6% opposed) coupled with the conditions on the endorsement, the Time Limited Development Permit, Good Neighbour Agreement, the clientele and good management track record of the applicant should provide sufficient measures to ensure the neighbourhood pub use/liquor license does not negatively impact the neighbourhood or city inspection resources. As a result, staff are recommending approval of the applicant's request for a 65-seat Class `D' Neighbourhood Pub.

However, due to the concerns raised by the area residents, staff have included two consideration items, one not endorsing the request and the other to defer a decision pending the results of a telephone survey.

BACKGROUND

The Boathouse Restaurant is licensed by the Liquor Control and Licensing Branch as a Class `B' Dining Lounge (Restaurant-Class 1) with 260-seats, divided between two floors, and a 50-seat patio. The proposal is to convert the main floor, with 89 seats, to a 65-seat Class `D' Neighbourhood Pub and retain the second floor with 171 seats as a Restaurant-Class 1. The configuration of the restaurant is such that both floors have separate access.

The existing restaurant hours of operation are Monday to Saturday 11:30 a.m. to 1:30 a.m. and Sunday 11:00 a.m. to 12:00 midnight. The proposed hours of operation for the neighbourhood pub are Sunday to Thursday 11:00 a.m. to 12:00 midnight and Friday andSaturday 11:00 a.m. to 1:00 a.m. The applicant has indicated that pub style games will not be available as it is contrary to the proposed theme of the pub and the remaining restaurant.
The restaurant/proposed neighbourhood pub property is situated in a prominent, highly active and vibrant location in the West End, opposite English Bay beach, which is visited by a large number of tourist and area residents.

It should be noted that another application for a 40-seat with 20-seat patio Class `D' Neighbourhood Pub has been received for 1780 Davie and is the subject of a separate report.

Neighbourhood Pub Regulations and Policies

Class `D' Neighbourhood Pubs are entitled to serve all types of liquor without food, although hot food is required to be available. All types of entertainment are permitted, with the exception of exotic dancers in all new liquor licensed establishments as per Council policy. Hours of operation are limited to a maximum of 14 hours of continuous service between 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. Under LCLB policy, Neighbourhood pubs currently have a maximum seating capacity of 65 indoor seats and 20 outdoor patio seats. It should be noted that after hearing the concerns of area residents at the public meeting, the applicant has amended the application and is no longer requesting pub patio seats. The restaurant patio will continue to operate.

A restaurant may adjoin a neighbourhood pub and, subject to Liquor Control and Licensing Branch approval, may share a kitchen and washrooms. There can be no direct patron access between a restaurant and a neighbourhood pub. Separation between the restaurant and the neighbourhood pub must be of solid wall construction to prevent both direct patron access and direct or indirect patron viewing from the restaurant into the pub. Both neighbourhood pub and restaurant must have separate public entrances, either directly from the outside or from a common interior lobby.

Area Surrounding Subject Premises

The subject premises is located in a C-5 Commercial West End zoning district. The surrounding area is a mixture of residential, hotel, retail, restaurants and recreation uses.
The closest residential units are located directly northeast, across the flanking lane.

There are two Class `A' Lounges (229 seats) and approximately 22 licensed restaurants within a 1000' radius of the site. The closest provincial liquor store is at 1655 Davie Street.

DISCUSSION

Policy Issues

The primary policy issue with this application is whether the site should be included in and subject to the West End Liquor Licensing Policy. Through an oversight, staff failed to specifically include the 1700 block of Beach Avenue in the Denman Village sub area of the West End Policy Report. As a result, staff feels that although the applicant's subject site is technically outside the study area, the application should still be reviewed with respect to the intent of the West End Liquor Licensing Policy.

The application does not conform with the West End Liquor Licensing policies in two significant areas:


The primary intent of the above noted policies was to, as much as possible, ensure a neighbourhood focus of any new establishment. It was felt that these restrictions would prevent new pubs from becoming destination spots for residents of the lower mainland. The smaller establishment would also likely have less impact on the surrounding community as a 40 seat pub would likely be unable to afford large bands or have the necessary stage space, and the impact of 40 people leaving at closing time should be substantially less than 60 to 90 people.

Finally, this application could be considered as one of the two new neighbourhood pubs that the West End policy allowed for consideration in the Denman Village area. The policy provided for one 40-seat pub to be considered in Phase 1 and a second 40-seat pub in Phase 2. However, because the application is technically outside the West End policy area, Council could consider this application in addition to the two new neighbourhood pubs for the Denman Village area.

Recent changes to Liquor Control and Licensing Branch regulations allow restaurants, upon the approval of local government, to allocate Designated Food Optional (DFO) areas for up to a maximum of 20 patrons or 10 percent of the total patrons' capacity of the interior portion of the principal licensed area, whichever is less. Therefore, if approved, and with theremaining 171 restaurant seats, the applicant would be eligible to apply for up to 17 DFO seats, subject to Council endorsement. As a result, staff suggest that if Council elects to endorse this application, then a condition be placed on the endorsement to not support any Designated Food Optional seating for the remaining restaurant.

Benefits of Proposal

Staff have not experienced any difficulties with small neighbourhood pubs. The probability of entertainment by large live acts is remote, and the condition limiting the type of live acts should mitigate potential noise impacts on the surrounding community. The conversion of the main floor of the restaurant to a Neighbourhood Pub would result in a reduction of 24-seats, and an earlier closing time of one and a half hours five days of the week, and half an hour on Friday and Saturday.

The restaurant location is both a strength and a potential weakness. The English Bay area is frequented by numerous visitors. The ability for these visitors to enjoy a drink while absorbing the beauty of English Bay would likely enhance the national and international image of the city. On the downside, staff are concerned about the interaction of pub patrons with the high vehicle and pedestrian traffic along Beach Avenue and Denman Street. A concern has also been expressed that patrons will frequent the beach after the pub closes. However, given the current restaurant clientele, proposed controls over the operation, and the no off-premises sales restriction, staff do not believe the potential problems will be an issue in the community.

Negatives of Proposal

There is the potential for increased noise in the surrounding area, generated from both within the premises and patrons, along with parking issues. However, given that the applicant proposes to cater to the same clientele and the restriction on amplified musical instruments, the potential noise impacts should be mitigated.

The application is contrary to the intent of the West End Liquor Licensing Policy of neighbourhood focussed businesses. The application, when combined with the remaining restaurant seats, is large enough to act as a destination business. However, staff feel that the location itself is a destination spot for many tourists and residents of the Lower Mainland and, therefore, some latitude on the intent of the West End Liquor Policy is warranted.

RESULTS OF NOTIFICATION

A neighbourhood notification was conducted by circulating 1860 notices in the survey area (see Appendix A). A sign was also erected advising the community of the application.

There were 29 written and telephone responses to the notification opposing the application. The opposition came from residents at Ocean Towers, 1835 Morton Avenue, also the 1200 block Bidwell, 1300 block Cardero, 1700 block Davie and 1600 block Harwood.

A form letter campaign organized by the applicants generated 109 responses in favour, but only 10 addresses fell within the notification area. An additional 70, although West End residents, gave residence addresses outside the immediate notification area and a further 29 lived in other parts of the city, well outside the West End.

A public meeting, held on April 10, 2002, was attended by 13 area residents, some of whom had previously responded to the notification.

The written and telephone submissions and opinions given at the public meeting indicated that most people felt strongly that this area of the West End is already saturated with licensed drinking establishments (although the majority of these are restaurants, some of which may be operating outside their liquor license classification). This contributes to intolerable noise conditions for some residents, and in particular those from 1835 Morton Avenue, who are disturbed by music emanating from other licensed premises in close proximity to their building. Other disturbances come from restaurant patios and noise consistent with street nuisance problems when patrons leave licensed premises at closing time.

It was generally acknowledged that the West End is a vibrant community with a long history of "street" related concerns and problems. The proximity of the beach draws many people from outside the community, many of whom are not considerate of the surrounding residents.
Residents who attended the public meeting indicated that they were often disturbed by people on the beach in the late evening and early morning hours.

During the meeting, the applicant's advised that on many occasions they have to turn down requests from regular patrons and tourists who want to enjoy the view from the restaurant while having a drink without ordering a full-course meal, and that a Class `D' Neighbourhood Pub would enable them to cater to these requests. As the full-service restaurant would continue to operate on the upper floor, there would be no tolerance for loud noise or rowdy behaviour in the pub.

ENFORCEMENT

There was agreement that the applicants are responsible corporate neighbours and the Boathouse is a well-run restaurant. However, there is general concern raised at the public meetings and through the correspondence over the difficulties the City and the Liquor Control and Licensing Branch have in regulating businesses who operate outside the licenseclassification, have piped music outside on patios and patrons who become rowdy in the neighbourhood.

Staff acknowledge that past enforcement of offending businesses in the area, particularly Restaurants operating as pseudo-pubs/cabarets has been limited. This is especially true of past enforcement by the Liquor Control and Licensing Branch. However, staff note that a number of significant changes have occurred over the past years:

Staff are hopeful that these and other enforcement strategies will help address, mitigate, and eliminate the impact of inappropriate business practices on adjacent area residents.

COMMENTS

The Police Department's West End Community Police Centre advises the Boathouse does not generate calls for service and there have been no noise complaints. Therefore, the Police Department has no objections to the application but expresses concern about potential noise impacts on neighbouring residential buildings.

The Development Services Department has reviewed the application and notes that this site is located within the C-5 West End Commercial Zoning District. The existing building is approved for Restaurant-Class 1.

"Neighbourhood Public House" is listed as a "conditional" approval use in the C-5 and C-6 Districts Schedule. Any proposal to change the use (in a portion of this building) to provide a Neighbourhood Public House would require a development application.

As part of the review process, staff would include an assessment of the parking, vehicular circulation, compatibility with surrounding uses and noise control, as well as the anticipated impact on neighbouring sites, having particular regard to the residential uses in the RM-5A zoned area located to the east of the site, as well as the CD-1 zoned site to the north.

Additionally, an application of this type would be reviewed in accordance with the provisions of all relevant bylaws, including the Parking Bylaw and the Neighbourhood and Marine Public House Guidelines adopted by City Council on August 9, 1988.

The Vancouver/Richmond Health Board has no objection to the application.

The Social Planning Department notes this application is directly across the lane from an application for 1780 Davie and does not meet the intention of the West End Policy in that it has 65-seats and is combined with a restaurant.

If Council wishes to support this application, it is suggested it should be considered as fulfilling Phase 2 of the West End Policy for Denman Village.

The Housing Centre has no comments at this time.

CONCLUSION

Staff acknowledge the concerns of some of the area residents, but notes that of the 1860 notices delivered in the immediate notification area, only 29 responses opposed to the application were received. Ten form letters in support were also received. The low response rate (approximately 1.6% opposed) coupled with the conditions on the endorsement, the Time Limited Development Permit, Good Neighbour Agreement, the clientele and good management track record of the applicant should provide sufficient measures to ensure the neighbourhood pub use/liquor license does not negatively impact the neighbourhood or city inspection resources. As a result, staff are recommending approval of the applicant's request for a 65-seat Class `D' Neighbourhood Pub.

However, due to the concerns raised by the area residents, staff have included two consideration items, one not endorsing the request and the other to defer a decision pending the results of a telephone survey.

NOTE FROM CLERK: Appendix A (map) is not available in electronic form - on file in the Office of the City Clerk.

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