ADMINISTRATIVE REPORT

TO:

Standing Committee on Planning and Environment

FROM:

Chief License Inspector

SUBJECT:

1424 West Broadway, Kits on Broadway

 

RECOMMENDATION

GENERAL MANAGER'S COMMENTS

COUNCIL POLICY

On January 26, 1999 Council passed a resolution supporting the idea of earlier opening times for Cabarets.

PURPOSE

Kits Cabaret Vancouver Ltd is requesting a Council resolution endorsing their request for a change in hours of operation for the Liquor Primary license at 1423 West Broadway. The current hours are from 7:00 pm to 2:00 am Monday through Saturday and 7:00 pm to midnight on Sunday. The applicant is requesting that the hours of operation be changed to 9:00 am to midnight Sunday through Wednesday and 9:00 am to 2:00 am Thursday through Saturday. To facilitate this transition, the applicant is requesting that the Chief License Inspector consider a temporary extension of operating hours Monday through Wednesday to 2:00 am, for a period of time not exceeding six months.

This report outlines some of the considerations related to the requested change in the hours of operation for this establishment and recommends that Council endorse the request.

BACKGROUND

The applicant has been operating Kits on Broadway, located on West Broadway between Granville and Hemlock Streets, since 1992. The surrounding area is a mixture of office, retail, restaurant, and medium density residential uses (Appendix A). The establishment has 192 licensed seats; within a 1000 foot radius of the subject site, there are an additional 724 Liquor Primary seats distributed among one club lounge and one venue, and 23 liquor licensed Restaurants.

The applicant advises that the requested change for earlier opening hours is to allow for a change in the focus of the establishment. Currently operated as a cabaret, the intent is to shift the business towards a sports-pub environment complete with food service. Regular opening hours would be at 11:00 am, although a 9:00 am opening time has been requested to accommodate occasional special sporting events. The temporary change in operating hours,Monday through Wednesday, is to allow the operator time to refocus the activities of the establishment to earlier in the evening and gradually phase out the late night focus during the week.

DISCUSSION

Proposal Concerns
There have been complaints from adjacent residents and businesses about late night noise and drunken behaviour. Although Police and Environmental Health note a history of compliance issues including overcrowding, noise complaints, fights and disturbances, there are no recent infractions on record.

Proposal Benefits
Earlier opening hours, which provide additional activity on the street during the day, are supported by staff and Council. The hours proposed after the six month transition period closely parallel current neighbourhood pub hours of operation and will result in the establishment closing two hours earlier, three days a week. Two of these nights, Monday and Wednesday, are currently special events nights that are typically very busy for the establishment. Changing the orientation of the business and incorporating food service may attract a different clientele with less impact on the community. It is anticipated that the long-term changes may address some of the concerns expressed by area residents.

Enforcement
There is a significant history of compliance issues going back to 1993 and Police have documented 17 instances of overcrowding (over fire capacity). However, Police indicate that their call load has diminished and Property Use License Staff, who conducted an inspection of the premises in June 2003, noted no compliance issues.

New Provincial Liquor Licensing Regulations
Provincial changes to liquor licensing regulations have eliminated many of the liquor licensing use categories, as well as the seating capacities and hours associated with them. For instance, under the new provincial regulations, an establishment such as Kits on Broadway would be permitted to serve liquor from 9:00 am until 4 am throughout the week. City staff have started reviewing the implications of the Provincial changes and will be providing City Council with policy recommendations. In the interim, amendments to, and new, Liquor Primary licenses are being assessed based on current City policy and previous Provincial regulations and policy.

RESULTS OF PUBLIC CONSULTATION

A neighbourhood notification was conducted by distributing 1083 notices in the survey area. A sign was also erected advising the community of the application. In response to the notification, staff received three e-mails and five telephone calls opposing the application; six e-mails and two phone calls were received in support of the application.

COMMENTS

The Police Department noted that they have responded to fights, disturbances and overcrowding complaints emanating from the premises for years and that there is a significant history of compliance issues going back to 1993. Although Police do not recommend any change in hours for this premises until there is a lengthy history established of complying with the terms and conditions of both the liquor and business licenses, they are prepared to support a four month temporary change allowing the establishment to open earlier in the day.

The Development Services Department noted that the site is zoned C-3A Commercial District and that the existing building is currently approved for restaurant/cabaret use.

The Environmental Health Division noted that there have been noise issues in the past, usually dealing with late night customer activity outside the club. This shouldn't be a problem during the daytime as the commercial noise in the area is quite high. The proposed changes may help improve the nighttime concerns.

CONCLUSION

Given the intent of the applicant to change the orientation of the business and the long-term benefit this may provide to the surrounding community, as well as Council's support of earlier opening hours for cabarets, staff recommend that the application for a change in hours of operation be endorsed.

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APPENDIX A

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