Supports Item No. 4
P&E Committee Agenda
July 11, 2002

ADMINISTRATIVE REPORT

Date: June 26, 2002
Author/Local: Guy Gusdal 604.871-6461

RTS No. 2726

CC File No. 2615-36

P&E: July 11, 2002

TO:	Standing Committee on Planning and Environment
FROM:	Chief License Inspector
SUBJECT:	1066 West Hastings Street - 457239 BC Ltd Class `D' Neighbourhood Pub

RECOMMENDATION

A. THAT Council, having considered the majority of area residents and business operators to be in favour of the application as determined by neighbourhood notification, the proximity of residential developments, traffic patterns, road access, availability of parking, noise impacts and overall design, endorse the request by 457239 BC Ltd., for a 98-seat with 20-seat patio Class `D' Neighbourhood Pub at 1066 West Hastings Street, subject to:

i. A Time Limited Development Permit;

ii. The seating to be held at 98 with a 20-seat patio regardless of any changes to seating capacity regulations;

iii. The hours of operation limited to Sunday to Thursday 11:00 a.m. to 12:00 midnight, Friday and Saturday 11:00 a.m. to 1:00 a.m.;

iv. The patio closing at 11:00 p.m.

v. The signing of a Good Neighbour Agreement prior to the issuance of a Business License;

vi. No exotic entertainment/dancers or off-premise sales;

vii. The adherence to clean air practices.

GENERAL MANAGER'S COMMENTS

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

COUNCIL POLICY

Council Policy is that a new Class `D' Neighbourhood Pub is subject to a legal agreement, time-limited development permit, good neighbour agreement, neighbourhood notification and, in some circumstances, a public meeting.

On September 13, 2001, Council adopted the following liquor license policy for the Central Business District (CBD):

· Limit the number and proximity of additional liquor license establishments to ensure that the CBD does not develop into an entertainment district;

· Pursue a greater variety of entertainment opportunities for existing and proposed liquor license establishments (e.g., hours of operation, establishment size, etc.)

· Consideration of up to four additional Class `D' Neighbourhood Pubs generally as follows:

i. Up to two pubs containing a maximum of 97-seats and 20 patio seats located in the Central Business District Core;

ii. Up to two pubs containing a maximum of 65-seats and 20 patio seats located in the areas surrounding the Central Business District Core.

PURPOSE

457239 BC Ltd., is requesting a Council resolution endorsing its application for a 98-seat with 20-seat patio Class `D' Neighbourhood Pub at 1066 West Hastings Street.

BACKGROUND

A 263-seat restaurant has operated at 1066 West Hastings Street since approximately 1985. On May 27, 1997, Council endorsed an application for a change in classification from Restaurant-Class 1 to Restaurant-Class 2. The restaurant has now ceased operation.

The applicant for the proposed pub operated the Starfish Room, a 275-seat Class `C' Cabaret at 1055 Homer Street prior to the recent demolition of the building. One hundred and thirty of the 275 cabaret seats were used in support of an application for a Class `C' Cabaret at 900 Granville Street. The applicant's proposal is to lease the premises at 1066 West Hastings Street, convert and reduce the remaining 145 cabaret seats from the former Starfish Room to a 98-seat with a 20-seat patio Class `D' Neighbourhood Pub.

The requested 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 also requested a 1:00 a.m. closing on Thursday, but staff would not support this as additional policy work is required before consideration can be given to alternative neighbourhood pub hours.

Traditional and modern pub type food would be available, and entertainment would occasionally be provided by two musicians.

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. 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.

Under the current Liquor Control and Licensing Branch policy, neighbourhood pubs have a maximum seating capacity of 97 indoor seats and 20 outdoor patio seats.

Area Surrounding Premises

The subject premises are located in the Downtown (DD) Zoning District - sub area `A'. The surrounding area is primarily office towers and a mixture of hotels, restaurants, retail and other commercial uses. The nearest residential apartments are located approximately 1000' from the subject site (refer to the appendix).

There is one Class `C' Cabaret (199-seats), two Class `A' Public Houses (376-seats), six Class `A' Lounges (2491-seats, which includes 1440-seats at the Vancouver Club), and approximately 23 licensed restaurants within the survey area. The closest provincial liquor stores are located at 555 W Hastings Street and 1120 Alberni Street.

DISCUSSION

Policy Issues

The application is for a 98-seat with 20-seat patio Class `D' Neighbourhood Pub. Neighbourhood Pubs are usually limited to 65-seats and a 20-seat patio. The application conforms with all provisions of the Central Business District liquor license policy. This application, if approved, would fill one of the two large neighbourhood pubs the policy allowed for in the core area of the CBD.

The applicant is further supporting their application by offering to convert and reduce the remaining balance of Class `C' Cabaret seats (145-seats) that are presently being held in administrative suspension by the Liquor Control and Licensing Branch.

The proposed location is a primary strength for this application as it is ideally situated to serve people who work in the various businesses located in adjacent office buildings and guests of the area hotels. There are no residential properties in close proximity to the proposed pub other than hotels.

Staff does not foresee any negative impact at this time, and feels the provision of a time-limited Development Permit and the applicant's good management record should ensure a problem-free operation.

RESULTS OF NOTIFICATION

A neighbourhood notification was conducted by circulating 1,535 notices within the survey area (refer to appendix). A sign was also erected on the site advising of the application.
Two responses were received in favour and none against.

COMMENTS

The Police Department acknowledges that the pub would not present too much of a problem. However, the capacity of 98-seats and a 20-seat patio may encourage other establishment operators to apply for an increase in their seating, which would be difficult to argue against.

Development Services advise that on October 1, 1997, Development Permit DE402569 was issued to allow for a change of use of the northeast corner of the ground floor of this building from Restaurant-Class 1 to Restaurant-Class 2 (Dinner Theatre) with the use of audio/video equipment. Conditions of this development permit included compliance with the City's Noise Bylaw and hours of operation were limited to Monday through Sunday, 11:30 a.m. to 12:00 midnight.

Neighbour Public House is a conditional use that can be considered on this site. However, to change the use from Restaurant-Class 2 to a Neighbourhood Public House 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 (i.e., hotel) uses. 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 Council on August 9, 1988.

The Vancouver Coastal Health Authority's Environmental Health Services does not object to the application.

The Social Planning Department and The Housing Centre have no comments

CONCLUSION

Staff feels that the application meets all of the provisions of the Central Business District liquor license policy, and that the conditions of the endorsement should ensure no negative impacts from the operation of the neighbourhood pub. Therefore, staff recommends the application be endorsed with conditions.

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(c) 1998 City of Vancouver