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CITY OF VANCOUVER ADMINISTRATIVE REPORT |
Date: |
September 16, 2003 | |
Author: |
Guy Gusdal | |
Phone No.: |
604.871.6461 | |
RTS No.: |
03635 | |
CC File No.: |
2612-22/2614-24/
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Meeting Date: |
October 9, 2003 |
TO: |
Standing Committee on Planning and Environment |
FROM: |
Chief License Inspector |
SUBJECT: |
921 West Pender Street - Liquor Primary (Hotel Lounge)
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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, social facilities, public buildings and overall design, as outlined in the report dated April 24, 2003, endorse the request by Mayfair Properties Ltd. for a change to the hours of operation at 921 West Pender Street subject to:
i. A 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.
B. THAT Council, having considered the opinion of area residents and business operators of the community, potential noise impacts on adjacent business and existing Council liquor policy, as outlined in this report and the report dated July 7, 2003, endorse the application by 596573 BC Ltd. (Brandi's Show Lounge) for a change in hours of operation from 7:00 p.m. to 2:00 a.m. Monday through Saturday and 7:00 p.m. to midnight on Sunday, to 12 noon to 2:00 a.m. Monday through Saturday and 12 noon to midnight on Sunday, for the Liquor Primary License (Cabaret) at 595 Hornby Street, subject to the following conditions:
i. Adherence to clean air principles; and
ii. A signed Good Neighbour Agreement prior to issuing the 2004 business license.
C. THAT Council, having considered the opinion of area residents and business operators of the community as determined by neighbourhood notification and existing Council liquor policy, as outlined in this report and the report dated July 7, 2003, endorse the application by Kits Cabaret Vancouver Ltd. For a change in hours of operation from 7:00 p.m. to 2:00 a.m. Monday through Saturday and 7:00 p.m. to midnight on Sunday, to 9:00 a.m. to 12 midnight Sunday through Wednesday and 9:00 a.m. to 2:00 a.m. Thursday through Saturday, for the Liquor Primary License (Cabaret), at 1424 West Broadway, subject to the following conditions:
i. Adherence to clean air principles; and
ii. A signed Good Neighbour Agreement prior to issuing the 2004 business license.
The General Manager of Community Services recommends approval of the foregoing.
There is no policy directly related to this issue.
Revise the wording of the original Council endorsements for the three businesses (Mayfair Properties Ltd at 921 West Pender Street, 596573 BC Ltd [Brandi's Show Lounge] at 5th Floor - 595 Hornby Street and Kits Cabaret Vancouver Ltd at 1424 West Broadway) to satisfy the Liquor Control and Licensing Branch requirements for the provincial application process.
Council considered these applications and passed similar motions on April 24, 2003 regarding the Liquor Primary change of hours application at 921 West Pender Street and on July 7, 2003 regarding the Liquor Primary change of hours applications at 5th Floor - 595 Hornby Street and 1424 West Broadway.
The applicants have been waiting for approval from the Liquor Control and Licensing Branch (LCLB) for some time. They have been advised by the LCLB staff that the original council resolution does not conform to new LCLB regulations. These resolutions did not specifically mention certain prescribed criteria as required by the provincial regulations. The applicants have requested a modified council resolution which would satisfy the LCLB policy. The revised wording in each resolution is highlighted in bold.
In addition to the revised wording for the Council resolutions, the LCLB also requires Local Governments to comment, either in the resolution or within the body of the report and referenced in the resolution, on the views of area residents as determined through public consultation. LCLB staff have indicated that the initial staff reports for Brandi's Show Lounge (5th Floor - 595 Hornby Street) and Kits Cabaret (1424 West Broadway) did not adequately comment on the views of area residents. Staff provided these views at the committee meeting but this was not sufficient to satisfy the branch regulation. The following sections are provided to satisfy this LCLB regulation.
Brandi's Show Lounge (5th Floor - 595 Hornby Street)
A site sign requesting comments on the application was visible on site for approximately 3 months. As no comments were received from the public, staff do not anticipate any noise impacts from the earlier hours.
Kits Cabaret (1424 West Broadway)
In response to the area notifications and site sign (minimum of 3 months), staff received 3 emails and 5 voicemails opposing the application, as well as, 6 emails and 2 voicemails in support of the application.
The residents opposing the application generally expressed concern that the extended hours would only compound the problems they currently face; noise, fights, garbage and vandalism (particularly at closing time). Some respondents simply opposed the application without providing any additional comment.
Those respondents supporting the application generally supported the operator and felt the new business focus would be a welcome addition to the area.
Staff recommend that the revised Council Resolutions as presented in this report be adopted by Council in order for the applicants to be able to receive consideration by the LCLB as soon as possible.
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