Agenda Index City of Vancouver

ADMINISTRATIVE REPORT

TO:

Standing Committee on Planning and Environment

FROM:

Chief License Inspector

SUBJECT:

1780 Davie Street - Class `D' Neighbourhood Pub
KKBL No. 373 Ventures Ltd.

 

RECOMMENDATION

CONSIDERATION

GENERAL MANAGER'S COMMENTS

COUNCIL POLICY

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

PURPOSE & SUMMARY

KKBL No. 373 Ventures Ltd., are requesting a Council resolution endorsing their application for a 40-seat with 20-seat patio Class `D' Neighbourhood Pub at 1780 Davie Street.

This is the first application for a small, 40 seat, Class `D' Neighbourhood Pub in the West End since Council approved the West End Liquor Licensing Policy. The application complies with all aspects of that policy with the exception of the proposed location proximity to other licensed establishments (other than Class-1 Restaurants). However, staff feel that the uniqueness of the location may warrant waiving or relaxing the proximity policy guideline. As a result of the application's near total compliance with the West End liquor licensing policy, the operational controls achieved through the time-limited Development Permit, conditions on the endorsement/liquor license, earlier closing hours (both inside and on the patio) and, the location, staff are recommending approval of the application for a 40 seat plus 20 seat patio Class `D' Neighbourhood Pub.
However, given the opposition of some of the area residents, staff have submitted two consideration items to Council; one to not endorse the application and the other to defer a decision pending the results of a telephone survey.

BACKGROUND

The proposed neighbourhood pub would replace the existing 30-seat with 26-seat patio Restaurant Class 1 (Benny's Bagels) which is situated on the street level commercial space of the Berkeley Towers on the southeast corner of Davie and Denman Streets, overlooking English Bay.

The proposed hours of operation are Sunday to Thursday 11:00 a.m. to 12:00 midnight and Friday and Saturday 11:00 a.m. to 1:00 a.m.

The applicant currently operates a number of other licensed establishments in the city; Bimini's Neighbourhood Pub (2010 West 4th Avenue), Loft Six (6 Powell Street), and the Granville Room Restaurant (957 Granville Street). Licensing staff have not received any noise complaints regarding the operations of Bimini's Neighbourhood Pub. The applicant has a good track record for responding to issues brought to their attention at all of their businesses.

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. Permitted 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.

Neighbourhood pubs have a maximum seating capacity of 65 indoor seats and 20 outdoor patio seats under current LCLB policy.

Area Surrounding Subject Premises

The subject premise is located in a C-5 (West End) zoning district. The surrounding area is a mixture of retail, restaurant, hotel and a significant number of multi-residential uses (see Appendix A). The nearest residential building is located on the subject site.

There are three Class `A' Hotel Lounges (447 seats), one Class `A' Lounge (Social Club with 110 seats) and approximately 28 licensed restaurants in the survey area. The closest provincial government liquor store is located at 1655 Davie Street.

Policy Issues

The application conforms with all facets of the West End Liquor Licensing policy with the exception of the guidelines regarding proximity to other licensed drinking establishments (other than Class-1 Restaurants). The application is located directly across the street from the Class `A' Lounge license operated in the Sands Hotel. The proximity to the application at the Boathouse Restaurant for a Class `D' Neighbourhood Pub should also be considered.

The application also varies from the West End policy in terms of the recommended size of the patio. The applicant amended their application to request a 20 seat patio, thereby making full use of the existing restaurant patio space. Staff do not feel that the larger patio capacity will significantly impact the surrounding neighbourhood, particularly with an 11 p.m. or earlier closing time. However, staff do wish to acknowledge one issue raised by an area resident; the handicap access for the applicant's site and the adjacent Milestone's restaurant appears to be provided at the north end of the applicant's proposed area. It would be the applicant's responsibility to ensure compliance with all relevant regulations. As a result, it may not be possible for the applicant to use all of the patio area as it is presently designated.

Staff feel this application complies with the intent and guidelines of the West End Liquor Licensing policy. The checks and balances included in the endorsement should ensure the business will operate in a responsible manner. These controls also provide a mechanism enabling Council and staff to rescind the approval/use should problematic issues arise.

If Council approves the application and the applicant's operation proves to be successful both in terms of profitability and its impact upon neighbouring residents, then staff feel that it could be used as an example when processing similar applications from other prospective business people.

Benefits of Proposal

Staff has not experienced any difficulties with small neighbourhood pubs. The probability of entertainment by more than two musicians would not be practical due to the size of the premises and this can be further restricted through conditions on both Council's endorsement and the time-limited Development Permit.

There will be a net reduction in hours of operation from the present restaurant use of 2 hours per night Sunday through Thursday and 1 hour per night Friday and Saturday. The applicant has indicated that food shall remain a component of the business.

As with the Boathouse application, the location is a strength and a potential weakness. The location attracts many tourists. As a result, it would reflect well upon the City's image tohave one or more establishments that have a food component and also have the legal flexibility to serve alcohol to patrons without requiring food service.

A potential negative of this location is the high traffic (pedestrian and vehicle) and the proximity to the beach. There is the potential for negative impacts on the community through noise and nuisance behaviour; particularly between patio patrons and pedestrians.
Concern has also been expressed regarding inebriated patrons continuing to party on the beach, particularly after the pub would close. However, staff feel the small size of the pub, good management and a restriction prohibiting off-premise sales are all factors that should mitigate and possibly eliminate these potentially negative aspects of the location.

Negatives of Proposal

There is the potential for increased noise in the surrounding area, generated from within the premises and from patrons on the patio, along with traffic and parking issues. The small size of the pub, the entertainment restrictions on both the liquor license and the use as well as the time-limited Development Permit, should provide ample controls over the operation of the business to ensure it does not cause negative impacts for the surrounding community.

DISCUSSION

The application complies with nearly all components of Council's West End Liquor Licensing policy and the controls included as part of the endorsement should ensure the business operates in a manner respectful of the surrounding community. The location is such that waiving the establishment concentration policy should be considered. Therefore, staff recommend endorsing the application. This would be the first small, 40 seat Neighbourhood Pub approved since the creation of the West End Liquor Licensing policy and it may prove to act as a model for other similar applications in the city.

RESULTS OF NOTIFICATION

A neighbourhood notification was conducted by circulating 1860 notices in the survey area (refer to the appendix ). Twenty-eight written and telephone responses were received in opposition and none in favour. 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 public meeting was held on April 17, 2002 attended by 36 people, two of whom were not neighbourhood residents.

The majority of written and telephone responses along with opinions expressed at the meeting indicate opposition to the proposal. The opinions given at the public meetingindicated 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.

The applicant expressed his willingness to be a good corporate neighbour and be part of the community. The applicant explained it is his intention to operate a boutique-style pub and any music would be by no more than two musicians playing non amplified instruments. The pub's windows would not open, and the patio would be enclosed by plexiglass type material to contain noise.

ENFORCEMENT

There were also strong opinions expressed at the public meeting regarding the perceived inability of the Liquor Control and Licensing Branch and City services to regulate business operators that run restaurants as though they were bars/pubs, or deal with music which is audible outside the premises, speakers on patios, street noise from loud motorcycles/ "boom" cars, and people partying on the beach late at night.

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 has no objections to the application, but expresses concern about potential noise impacts on neighbouring residential buildings.

The Development Services Department has reviewed this application and notes that this site is located within the C-5 West End Commercial Zoning District.

The existing building on this site is approved for Restaurant-Class 1, retail and residential uses. "Neighbourhood Public House" is listed as a conditional approval use in the C-5 and C-6 District Schedules, having particular regard to parking, vehicular circulation, compatibility with surrounding uses and noise control. Any proposal to change the use to provide a neighbourhood public house would require a development application. In addition, any proposal for outdoor seating would require a separate development application.

As part of the review process, staff would include an assessment of the anticipated impact on neighbouring sites, having particular regard to the residential use located on this subject site and the residential uses in the RM-5A zoned area located to the east of the site. As well, 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.

It should be noted that this proposal is consistent with the policy Council approved for the allowance of additional neighbourhood public houses in two phases within Davie Village and Denman Village.

The Vancouver/Richmond Health Board has no objection provided the patio closed by 11:00 p.m.

Social Planning Department

The Social Planning Department supports the application as it meets the West End Liquor License Policy Guidelines for Phase 1 for Denman Village. It is noted that this is a conversion of an existing restaurant which has 30-seats and a 26-seat patio. There is noobjection to the new pub having a greater proportion of its total seats on the patio than the 10-seat patio contemplated in the policy.

The Housing Centre has no comment at the time the report was finalized.

CONCLUSION

There are a number of residents in close proximity to the proposed site, and community impact issues may be compounded by the number of liquor premises in the area. Generally, small neighbourhood pubs do not raise major concerns but there is the chance of some impacts related to noise from patron dispersal and the patio operations. Therefore, to mitigate potential impacts from the patio, it is recommended that the patio close by 11:00 p.m. Staff feel that adequate controls can be placed on the business to ensure the business operations do not negatively impact the surrounding community. Given these measures and the applicant's basic compliance with the West End Liquor License policy, staff recommend approval of the applicant's request for a 40 seat plus 20 seat patio Class `D' Neighbourhood Pub.

As there were concerns raised by some of the area residents, staff have included two consideration items for Council; one to not endorse 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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