ADMINISTRATIVE REPORT

TO:

Standing Committee on Planning & Environment

FROM:

Chief License Inspector

SUBJECT:

432 Richards Street - Class `D' Neighbourhood Pub

 

CONSIDERATION

- OR -

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, and a public consultation.

PURPOSE

Up `N' Down Restaurants Ltd. is requesting a Council resolution endorsing their application for a 97-seat Class `D' Neighbourhood Pub, located on the upper level at 432 Richards Street.

BACKGROUND

An 88-seat main floor restaurant has operated at 432 Richards Street since approximately 1995 and in 2001, the business expanded to the upper level adding 60-seats operating in conjunction with the main floor. This application was submitted under the previous LCLB Policy guidelines and therefor will continue to be processed under these provisions.

This application proposes a neighbourhood pub contained on the upper level of the premises which would continue to operate in conjunction with the existing liquor licensed Restaurant
Class -1 on the main floor.

LCLB Neighbourhood Pub Regulations and Policies (Prior to December 2, 2002)

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. 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 has been to limit later closing to 1:00 a.m. on Friday and Saturday only.

Original Liquor Control and Licensing Branch policy was to limit seating capacity to 65 seats. However, under the new Provincial Liquor License provisions existing neighbourhood pubs (including those in the application process) are allowed a one time seating capacity increase up to building occupant load which is in most cases approximately 100 seats.

Area Surrounding Premises

The subject premises is located in the Downtown (DD) - sub-area C Zoning District. The surrounding area is primarily office towers and a mixture of hotels, restaurants, retail and other commercial uses. The nearest residential development is located approximately 300' from the subject site (refer to Appendix A).

There are 4 Cabarets (865 seats total), 7 Hotel Lounges (866 seats total), 1 Neighbourhood Pub (85 seats), and approximately 28 licensed Restaurants within the 1000' survey area. The closest Government liquor store is located at 555 West Hastings Street.

RESULTS OF NOTIFICATION

A neighbourhood notification was conducted by circulating 1,087 notices within the survey area (refer to Appendix A). A sign was also erected on the subject site advising of the application.

Four responses were received in total, two in favour and two against. The two responses received against the application were submitted by operators of licensed establishments, both within two blocks of 432 Richards Street. These operators were concerned that there are presently enough liquor license seats in this area. Respondents in favour of the applications felt that a new business and entertainment option would be good for the area.

Given the limited number of residential properties in proximity to the site, staff do not feel that a more extensive and costly public consultation is necessary.

DISCUSSION

Neighbourhood pubs do not generally create many enforcement issues for staff, particularly when there are no residential properties in close proximity. In this case the time-limited development permit will ensure the pub is well run and that any issues that arise will be rectified in a timely manner.

Policy Issues

The proposed site is outside the eastern border of the Council's Central Business District (CBD) Liquor Policy area, therefore, the policies are not directly applicable to this application. However, staff feel that the CBD policies can be used as a guideline in assessing this application (particularly, with respect to, establishment size and hours of operation). The CBD policy supported a limited number of small (65 seat) neighbourhood pub establishments in the shoulder area of this CBD providing the hours of operations are more conducive to residential uses that exist or may be developed in the future in that area. The proposed establishment is generally consistent with the hours of operation for the adjacent CBD liquor policy area except the pub is 32 seats larger than the recommended 65 seat capacity.

Staff support the 97 seat capacity as all existing 65 seat neighbourhood pubs are permitted seating capacity increases up to a maximum of 97 seats. Establishments at 100 seats or less generally do not create enforcement issues.

If endorsed, this establishment would be in addition to a number of new establishments recommended for the CBD policy area.

Enforcement History

Staff have had enforcement issues with this operator and previous operators regarding the use of the second floor space. The enforcement actions have been for operating the upper floor as a pub, overcrowding, smoking and liquor service offences. Staff are not aware of any recent enforcement issues, other than those noted below by the Health Department regarding maintenance issues and a Contravention Notice issued by the LCLB on October 31, 2002 for liquor violations.

The Principle owners of this establishment also operate the "Cats Meow" restaurant on Granville Island (1540 Old Bridge Street). Approximately 5 to 6 Contravention Notices have been issued by the LCLB to the operators of these 2 businesses during the period of July 2002 to November 2002. Cited infractions include:

· overcrowding;
· prohibited advertising;
· standing and drinking in restaurant (prior to regulation change);
· liquor removal from establishment (patron outside entrance with beer having a cigarette).

COMMENTS

The Police Department acknowledges that the proposed Neighbourhood Pub is located within the vicinity of other licensed establishments, such as The Drink Nightclub, Malones Bar & Grill, The Piccadilly Pub, Steamworks, The Cambie Hotel and The Lion's Pub. The VPD does not support this application until the operators have demonstrated their ability to comply with all bylaws and regulations pertaining to their business and other establishments in their control.

Development Services has reviewed the application and their records indicate that the site is zoned DD (Downtown District) - Sub-area C, and the building is listed as a Municipally Designated Heritage `A' building.

Any proposal to change a portion of the premises from Restaurant Class - 1 to a Neighbourhood Public House will require a development permit application. As part of the review process, Development Services staff would include an assessment of the anticipated impacts on nearby sites, in particular any residential uses (if applicable). As well, an application of this type would be reviewed on accordance with the provisions of theNeighbourhood or Marine Public House Guidelines adopted by City Council on August 9, 1988.

The Vancouver Coastal Health Authority's Environmental Health Services has no major objections but would like to note that certain operational deficiencies regarding equipment maintenance and sanitation levels need to be rectified.

The Social Planning Department and The Housing Centre have no comments.

CONCLUSION

Staff feel a neighbourhood pub at this location is supportable subject to the conditions outlined in this report. However, given this operator's compliance history within the city over the past year, staff have submitted the two consideration items - refuse the request or support the conditions. The minimal response to the notification indicates that most of the area residents and businesses do not have major concerns with this application. The temporary Development Permit will allow regular reviews of the operation and if problems arise in the future there is an option to not issue the permit renewal.

* * * * *

pe20030410.htm

Comments or questions? Send us e-mail at info@city.vancouver.bc.ca
© 2002 City of Vancouver