Agenda Index City of Vancouver

ADMINISTRATIVE REPORT

TO:

Standing Committee on Planning and Environment

FROM:

Chief License Inspector

SUBJECT:

610 Stamp's Landing - Stamp's Landing Neighbourhood Pub Ltd.
Change in Hours of Operation - Friday and Saturday

 

CONSIDERATION

GENERAL MANAGER'S COMMENTS

COUNCIL POLICY

Council policy requires that amendments to an existing Class `D' Neighbourhood Pub be subject to neighbourhood notification, a Legal Agreement providing for the rollback of hours of operation, and a Good Neighbour Agreement.

PURPOSE

Stamp's Landing Neighbourhood Pub Ltd., is requesting a Council resolution endorsing its application for a change in hours of operation to allow for 1:00 a.m. closing on Friday and Saturday at the Class `D' Neighbourhood Pub at 610 Stamp's Landing.

BACKGROUND

Records indicate that Stamp's Landing Neighbourhood Pub has been in business since 1984. It is licensed by the Liquor Control and Licensing Branch for 100 seats and a 20- seat patio, which is located off the second floor, on the west side of the building.

This application is for a change in hours to allow the pub to remain open until 1:00 a.m. on Friday and Saturday. 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 Sunday to Thursday 10:00 a.m. to 12:00 midnight, and Friday and Saturday 11:00 a.m. to 1:00 a.m. Staff is proposing that the permissible Sunday opening hours be standardized with the weekday hours of operation.

Class `D' Neighbourhood Pub Hours of Operation 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, but policy is to limit 1:00 a.m. closing to Friday and Saturday only. Licensees may apply to the Liquor Control and Licensing Branch for an extension of hours on Friday and Saturday, subject to the approval of local government.

Area Surrounding Premises

The subject premises are located in the FCCDD (False Creek South) zoning district. The surrounding area is primarily residential, with some retail, restaurant and marine uses. The closest residential uses are located directly east of the subject site (refer to the appendix).

There are two licensed restaurants and no other liquor licensed premises within 1000' of the subject site. The closest provincial liquor store is located at Cambie and 8th Avenue.

Policy Issues

There are no policy issues related to this application.

DISCUSSION

It should be noted that two neighbouring restaurants -- Monk McQueen's, with 468 seats and a 22-seat patio, and Riviera Bistro with 50 seats, which is currently closed -- are licensed to operate until 1:00 a.m. Monday to Saturday. It should be noted that both restaurants could apply for and obtain a 2:00 a.m. closing for liquor service seven days a week without any City approval.

Without approval the operators of the pub set up a second patio area next to the entrance, off the main floor. The unapproved patio was located on private property adjacent to the sidewalk, and consisted of tables, chairs, railings, tent/canopy and a propane gas heater. Once aware of the patio, staff advised the applicant to cease use and remove all items from the area. As of the date of this report, all material associated with the unapproved patio has been removed.

Negatives/Benefits of Proposal

As with all changes to existing liquor licenses, there is a chance for negative impacts on the surrounding community. Good management of the business is integral to success in mitigating these impacts. The requirement for a Legal Agreement should ensure the change in hours does not adversely affect area residents.

RESULTS OF NOTIFICATION

A neighbourhood notification was conducted by circulating 1065 notices in the area (refer to the appendix). A sign advising of the application was also erected on the site. Thirty-seven responses to the notification were received in opposition and 18 in favour. A petition, signed by 117 residents of 456 and 522 Moberly Road who oppose the application, was also submitted. Seven residents had already responded to the notification.

The reasons for opposition range from existing disturbances caused by amplified music emanating from the pub and patio, a patio encroaching onto the sidewalk (this being the unapproved patio that was subsequently removed), increased traffic and parking problems and loud behaviour by some of the patrons when they leave the pub after midnight and who continue to congregate in the neighbourhood into the early morning hours. It was stressed that extending closing time to 1:00 a.m. on Friday and Saturday would only exacerbate these problems.

Some area residents also commented on disturbances they endure from other commercial premises in the neighbourhood, such as noise from idling diesel tour buses, valet parking and loud motorcycles.

The residents who support the change in hours rationalize their decision by the operator's good management and neighbourhood focus. Some respondents indicated that in their experience much of the street noise is generated by other businesses in the area.

COMMENTS

The Police Department acknowledges that Stamp's Landing Pub is in a unique area. At closing time the parking lot is busy and there is noise from vehicles, patrons, pedestrians and cleanup, generated by all the businesses in this area. Police often receive calls complaining of noise from the parking area, and these are probably logged to Stamp's Landing Pub because it is closest to the parking area. There have been no recent calls for noise emanating from the pub itself.

Two businesses face the water and generate few calls for service. The pub, however, faces residences. People who continue their conversations while standing on the sidewalk outside the pub before leaving in their vehicles are not necessarily all patrons of the pub, although to some nearby residents it could look that way.

It is noted the two neighbouring restaurants remain open until 1:00 a.m. Therefore, the Police Department has no issue with the extension of one hour on Friday and Saturday, as long as there are no live bands and the patio is closed at 10:00 p.m.

The Development Services Department has reviewed this application and records indicate that the site is zoned FCCDD (False Creek Comprehensive Development District). The existing building is currently approved as a Neighbourhood Public House and based on the information provided, there are no additional comments or concerns about this application.

The Vancouver Coastal Health Authority's Environmental Health Services recommend that Stamp's Landing Pub post appropriate signage reminding patrons to be courteous, and to leave the premises quietly and show respect for residents in the neighbourhood.

While some noise complaints have been received, they have also involved other businesses in the area and not always the pub.

The Social Planning Department advises that if response to the neighbourhood notification reveals significant existing concerns with noise and/or significant opposition to later hours, approval of the extension of hours would not be recommended.

The Housing Centre's main concern is the noise impacts on residents of nearby buildings, which includes four non market buildings within the notification area. Given the location of the applicant's premises, and the fact it is an extension of one hour, two days a week, approval can be considered if measures are in place to minimize the noise impacts.

CONCLUSION

Given the response to the neighbourhood notification, staff has submitted two consideration items, one to endorse with conditions and the other not to endorse. With these types of applications, where there are a number of venues in close proximity to residential, it is difficult for staff and the neighbours to determine the source of noise issues and the potential impacts of increased hours of operation. Should Council endorse the application, staff feels that there will be sufficient controls over the establishment's operation through provisions in the Legal Agreement to rollback to existing hours of operation if problems arise in the future.

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