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CITY OF VANCOUVER ADMINISTRATIVE REPORT |
Date: |
September 2, 2003 | |
Author: |
Guy Gusdal | |
Phone No.: |
604.871.6461 | |
RTS No.: |
03605 | |
CC File No.: |
2614-1 | |
Meeting Date: |
October 23, 2003 |
TO: |
Standing Committee on Planning and Environment |
FROM: |
Chief License Inspector |
SUBJECT: |
1042 Davie Street, Numbers Cabaret |
RECOMMENDATION
A. 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, endorse the application by Numbers Cabaret 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 12:00 p.m. to midnight Sunday and 12:00 p.m. to 2:00 a.m. Monday through Saturday, for the Liquor Primary license (Cabaret), at 1042 Davie Street, subject to the following conditions:
i. Adherence to clean air principles; and
ii. A signed Good Neighbour Agreement prior to issuing the business license.
B. That Council, instruct the Chief License Inspector to support 2:00 a.m. Sunday night closings under a temporary approval until the issue of Sunday hours has been reported to Council.
GENERAL MANAGER'S COMMENTS
The General Manager of Community Services RECOMMENDS approval of the forgoing.
COUNCIL POLICY
On January 26, 1999, Council passed a resolution supporting the idea of earlier opening times for Cabarets. Council Policy has not been developed regarding Sunday closing times beyond midnight.
PURPOSE
Numbers Cabaret Ltd is requesting a Council resolution endorsing their request for a change in hours of operation for the Liquor Primary license at 1042 Davie Street. The current hours are from 7:00 p.m. to 2:00 a.m. Monday through Saturday and 7:00 p.m. to midnight on Sunday. The applicant is requesting that the hours of operation be changed to 12:00 p.m. to 2:00 a.m. 7 days a week.
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 a portion of the request.
BACKGROUND
The applicant has been operating Numbers Cabaret located at 1042 Davie Street since the early 1990's. The surrounding area is a mixture of office, retail, restaurant, and medium density residential uses (Appendix A). The establishment has 195 licensed seats. There are 995 Liquor Primary seats distributed among 3 Neighbourhood Pubs, 4 Hotel Lounges and 1 Cabaret and 21 liquor licensed Restaurants within a 1000 foot radius of the subject site. It should also be noted that the 350 seat Cabaret at 1022 Davie Street is presently closed (and has been closed for a number of years) but could re-open once a new occupancy permit and business license is issued.
The applicant advises that the application for earlier opening hours is to provide additional services requested by their clientele. The applicant anticipates that with the earlier opening hours, T-Dances, fundraisers and other daytime events could be held to address the needs expressed by their clientele.
DISCUSSION
Policy Issues
The applicant's request for a permanent 2:00 a.m. closing time on Sunday raises a policy issue for staff. At Council's instruction, a trial project was initiated for the entire city to permit liquor primary establishments to operate with the same closing time on Sunday night as the business has on Friday and Saturday nights. The trial period and policy review is in progress. As such, it may be premature and potentially prejudicial to approve later Sunday hours on a permanent basis in advance of Council approving a formal policy on the Sunday operating hours.
Proposal Concerns
There have been complaints from adjacent residents and businesses about late night noise and drunken behaviour. As such, there is the potential that later Sunday operating hours may have a negative impact on the surrounding residential residents and some business operators.
Proposal Benefits
Earlier opening hours, which provide additional activity on the street during the day, are supported by staff and Council. Staff does not anticipate any noise related issues with the earlier opening time. Street and road traffic will likely mitigate most noise generated by the Cabaret prior to 7:00 p.m.
Additional operating hours should increase the potential viability of the business.
Enforcement
Staff are not aware of any significant enforcement or police issues associated to the cabaret's operation.
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 Numbers Cabaret would be permitted to serve liquor from 9:00 a.m. until 4:00 a.m. 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 1826 notices in the survey area. A sign was also erected advising the community of the application. In response to the notification, staff received 2 e-mails and 2 telephone calls opposing the application; 2 e-mails, 3 telephone calls, and 1 facsimile were received in support of the application.
Respondents opposing the application were most concerned around the noise impacts associated with the proposed 2:00 a.m. Sunday closing time. Concerns over street noise in the area during the early morning hours (after the bar closings) due to the establishments that are situated along Davie Street is the main concern expressed by these respondents.
Respondents supporting the application were generally indicating their support for the establishment and the idea of extended operating hours.
COMMENTS
The Police Department have no comments at this time but do note that there are bordering residents south of the establishment.
The Development Services Department have no concerns at this time.
The Environmental Health Division noted that they have no objections to this application subject to compliance with the smoking By-law. They also recommend that operating hours on Sunday should be limited to 12:00 a.m.
The Housing Centre and Social Planning Departments note that early opening hours are not an issue but extending the closing time to 2:00 a.m. on Sunday may pose a noise problem for residents in the nearby social housing buildings, especially the 2 senior buildings (The West End Manor and The Twin Arms).
ALTERNATIVES/OPTIONS
Staff support Recommendation `A'. This recommendation supports most of the applicant's original request, except for the later 2:00 a.m. closing time on Sunday night. Staff feel that the earlier opening hours for the cabaret should not adversely impact the surrounding community and may, in fact, provide some benefits to the streetscape.
However, the same cannot be said for the permanent later Sunday night closing request. Staff feel the request for a permanent 2:00 a.m. Sunday night closing cannot be supported at this time. A decision to support this change would likely set a precedent for similar requests from other establishments influencing the development of forthcoming Council policy. The applicant is eligible for a temporary extension on the Sunday night closing time to 2:00 a.m. Staff have submitted Recommendation `B' to address this position.
CONCLUSION
Staff support Recommendation `A' as this is consistent with existing Council policy and the earlier opening hours of operation are unlikely to cause any negative impacts for the surrounding community. Staff do not support a permanent later Sunday closing hour as the policy review for Sunday hours is not yet complete.
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