Vancouver City Council |
ADMINISTRATIVE REPORT
Date: April 24th, 2003
Author/Local: Guy Gusdal/604.871-6461
RTS No. 3050CC File No. 2640
Meeting Date: May 13, 2003
TO:
Vancouver City Council
FROM:
Chief License Inspector
SUBJECT:
921 West Pender Street - Mayfair Properties Ltd., Days Inn Vancouver
Request to Change Hours of OperationRECOMMENDATION
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, social facilities, public buildings and overall design, endorse the request by Mayfair Properties Ltd. for a change to the hours of operation at 921 West Pender Street subject to:
i) Legal Agreement;
ii) Hours of operation limited from 10:00 a.m. to 1:00 a.m. Monday to Wednesday, 10:00 a.m. to 2:00 a.m. Thursday to Saturday, and 10:00 a.m. to 12 midnight on Sunday;
iii) The signing of a Good Neighbour Agreement with the City before the issuance of a business license; and
iv) Adherence to clean air practices.
GENERAL MANAGER'S COMMENTS
The General Manager of Community Services RECOMMENDS approval of the forgoing.
COUNCIL POLICY
Council policy is to require all endorsements to amend a liquor license be subject to a legal agreement and a Good Neighbourhood Agreement.
PURPOSE
Mayfair Properties Ltd. is requesting a Council resolution endorsing their request for a change in hours of operation.
BACKGROUND
Records indicate that Mayfair Properties Ltd. has operated the Class `A' Public House at 921 West Pender Street since 1990 and is currently licensed by the Liquor Control and Licensing Branch for 220 seats.
The applicant is requesting a change in hours of operation to allow the establishment to remain open until 1:00 a.m. Sunday to Wednesday, and until 2:00 a.m. Thursday to Saturday. The existing and proposed hours of operation are outlined in Table 1 below:
Table 1
Existing Hours of
OperationProposed Hours of
OperationChange
Monday to
Wednesday10:00 a.m. to
midnight10:00 a.m. to
1:00 a.m.Add 1 hour to closing
time.Thursday
10:00 a.m. to
midnight10:00 a.m to
2:00 a.m.Add 2 hours to closing
time.Friday & Saturday
11:00 a.m. to
1:00 a.m.10:00 a.m. to
2:00 a.m.Add 1 hour to closing
time and open 1 hour
earlier.Sunday
11:00 a.m. to
midnight10:00 a.m. to midnight
Open 1 hour earlier.
The applicant is also eligible for the temporary 4 month Sunday approval for 2:00 a.m. closing. Permanent Sunday hour changes will be reviewed as part of a separate report requested by Council on April 8, 2003.
As this application was submitted prior to the enactment of the new provincial liquor regulations, it must be processed by the Liquor Control and Licensing Branch under the application process in place at the time of the application.
Liquor Control and Licensing Branch regulations prior to December 2, 2002, permitted a Class `A' Public House to operate between 9:00 a.m. and 2:00 a.m. seven days a week, with a maximum of 14 hours of continuous liquor service each day. As of December 2, 2002, the Liquor Control and Licensing Branch's regulations allow for liquor service between the hours of 9:00 a.m. and 4:00 a.m., with no maximum number of consecutive hours of liquor service.
Enforcement History
Staff have not had any recent enforcement issues with this business.
Area Surrounding Subject Premises
The subject premises is located within the Downtown District (DD) - Sub-area B. The surrounding area is a mixture of residential, hotel, retail, restaurant, and recreation uses. The closest residential units are located approximately one block away.
Within a 1000' radius of the subject site, there is a total of 2855 Liquor Primary License seats distributed among 11 Hotel Lounges, 2 Cabarets, and 2 Social Clubs (711 of the 2855 are associated with the 2 social clubs). In addition, there are 27 liquor licensed Restaurants. The closest government Liquor store is located at 555 W Hastings (Harbour Centre).
RESULTS OF NEIGHBOURHOOD NOTIFICATION
A neighbourhood notification was conducted by circulating 679 notices in the area (refer to Appendix A). A sign advertising the application was erected on site. There was no response to the notification or site sign.
DISCUSSION
The change in hours of operation requested is within the previous LCLB policy and city policy with respect to closing times to this type of establishment (Hotel Lounge / Pub). The hours of operation are supportable due, in part, to no response to the public consultation and that there is no council policy for this area that would require a public benefit in lieu of Council's support for the request.
One staff concern with the request is that approval of the hours change will further erode the benefits derived through the staggered closing times that presently exist for many of the city's liquor licensed establishments. Staggered closing times are beneficial by easing the strain on limited police resources during the high demand period from midnight to 3:00 a.m., particularly on weekends.
COMMENTS
The Police Department has no significant problems with this premise.
The Development Services Department notes that the subject site is located within the Downtown District (DD) - Sub-area B. A review of the records indicates that the building is currently approved for hotel use. A "Neighbourhood Public House" is permitted as a conditional use under the Downtown District zoning.
As the Lounge use has operated as part of the Hotel no development permit or minor amendment is required for the request to change the hours of operation.
The Vancouver/Richmond Health Board has no objection to this application.
Social Planning and the Housing Centre have no comment.
CONCLUSION
As the Police do not have significant concerns with the request there was no response to the neighbourhood notification, there is no policy in this area requiring a public benefit, and the proposed hours of operation are consistent with previous LCLB and city policy for this type of establishment, staff recommend that Council endorse the applicant request.
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