|
CITY OF VANCOUVER ADMINISTRATIVE REPORT |
Date: |
November 18, 2003 | |
Author: |
Guy Gusdal | |
Phone No.: |
604.871.6461 | |
RTS No.: |
03781 | |
CC File No.: |
2612-1 | |
Meeting Date: |
December 11, 2003 |
TO: |
Standing Committee on Planning and Environment |
FROM: |
Chief License Inspector |
SUBJECT: |
403 East Hastings Street - Patricia Hotel
|
CONSIDERATION
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 for the Downtown Eastside District, does not endorse the application by 338186 BC Limited for a temporary change in hours of operation from 9:00 a.m. to 11:00 p.m. Monday to Saturday and 11:00 a.m. to 11:00 p.m. Sunday to 9:00 a.m. to 12:00 midnight everyday for the Liquor Primary liquor license (Hotel Lounge) at the Patricia Hotel, 403 East Hastings Street.
B. THAT Council, having considered the opinion of area residents and business operators of the community as determined by neighbourhood notification, potential noise, other community impacts, including potential migration of patrons from other establishments, and existing Council liquor policy as outlined in this report dated November 18, 2003 and titled 403 East Hastings Street - Patricia Hotel, Temporary Change in Hours of Operation in a Liquor Primary establishment (Hotel Lounge), endorses the application by 338186 BC Limited for a temporary change in hours of operation from 9:00 a.m. to 11:00 p.m. Monday to Saturday and 11:00 a.m. to 11:00 p.m. Sunday to 9:00 a.m. to 12:00 Midnight everyday for the Liquor Primary liquor license (Hotel Lounge) at the Patricia Hotel, 403 East Hastings Street.
The General Manager of Community Services submits the choice of A or B for CONSIDERATION.
On November 6, 1990, Council approved a recommendation that no new liquor licenses or amendments to existing licenses to increase seating capacity or extend hours of sale (except Restaurant - Class 1) be permitted in the Downtown Eastside or Gastown areas.
Since December 10, 1997, for existing Class `A' Lounge/Pub, Class `C' Cabaret or Class `D' Neighbourhood pub licensed establishments seeking extended hours or seating, Council has endorsed a process of requiring a time-limited development permit or a separate legal agreement outlining conditions of operation.
On September 16, 1999, Council endorsed a change in hours of operation in the Class `A' Pub at the Hildon Hotel, 50 West Cordova Street, subject to the following provisions; that closing hours be rolled back if complaints are received from the neighbourhood; that the SRO units be maintained in the development; that the seating capacity be maintained at the current number; and a Good Neighbour Agreement be signed.
On April 8, 2003, in response to Provincial changes to liquor licensing policy, Council directed staff to undertake the development of a comprehensive hours of service policy. In the interim, staff were directed to consider, on a trial basis, extensions to hours of operation of the following applications:
· Cabaret applications to 2:00 a.m. on Sunday nights;
· Other Liquor Primary applications, to the same hours of operation as on Friday and Saturday nights, on Sunday nights; and
· Applications beyond 2:00 a.m. within defined geographic areas and to accommodate special events.
The numbered company, 338186 BC Limited, is requesting a Council resolution endorsing their request for a temporary change in hours of operation for the Liquor Primary liquor license at the Patricia Hotel, 403 East Hastings Street. The current hours are from 9:00 a.m. to 11:00 p.m. Monday through Saturday and 11:00 a.m. to 11:00 p.m. on Sunday. The applicant is requesting that the hours of operation be changed to 9:00 a.m. to 12:00 midnight seven days a week for an initial 3 month trial period.
The applicant has been operating the Patricia Hotel since the mid 80's. The establishment includes a hotel lounge with 245 licensed seats and a hotel with 195 sleeping units that are rented on a daily, weekly and monthly basis. Located in the DEOD zoning area, the Patricia Hotel is within the Downtown Eastside moratorium area. The surrounding area is a mixture of retail, office, residential, low-income housing, hotel, public house and restaurant uses (Appendix A). Within a 1000' radius of the subject site, there are an additional 397 Liquor Primary seats distributed among three hotel lounges and one club lounge. There are also three liquor licensed Restaurants. A number of those establishments already close past 11:00 p.m. (see Appendix B).
Downtown Eastside/Gastown area Liquor License Moratorium
The Patricia Hotel is located in the Council's Downtown Eastside/Gastown moratorium area. Since November 1990 it has been Council policy to not support any expansion in seating capacity and hours of operation of existing establishments, and to allow no new liquor licenses (except restaurants), in this area. Over the past 5 years, Council began to encourage and support relocation of existing establishments from this area. In cases where exception to the moratorium have been made, it has been either on a time-limited basis or has required the provision of a public benefit. For example, the closing time of the Hildon Hotel, at 50 West Cordova Street in Gastown, was extended one hour to midnight in exchange for public benefits including a Housing Agreement securing Single Room Accommodation (SRA) units. Their change in hours was also approved after the property owner and operator completed substantial upgrades and renovations to the building.
New Provincial Liquor Licensing Regulations
Provincial changes to liquor licensing regulations have eliminated the liquor license classification system, as well as the seating capacities and hours of operation associated with them. For instance under the new provincial regulations, an establishment such as the Patricia Hotel would be permitted to serve liquor until 4:00 a.m. with Council input. 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.
On July 10, 2003, Council did not support this applicant's similar request for a permanent hours of operation amendment to stay open until 1 a.m. During the meeting, there was some discussion about the possibility of supporting a one hour change but the applicant felt that 1 hour would not be sufficient to meet operational needs. The petition opposing the application from the Chinese Senior Home/Vancouver Chinese Mennonite Church also raised considerable concern but this petition has now been rescinded.
The applicant subsequently approached staff about the possibility of a one hour temporary change but was advised that given the non-support by Council in the previous application the issue must be reported to Council.
The applicant advises that the requested temporary change in the hours of operation is necessary to demonstrate their ability to operate at a later closing time without incident. The applicant feels that extended operating hours is vital to the future viability of the business. The clientele frequenting this area tend to be young and often involved in the service industry; as such, it is difficult for the lounge to attract long-term regular patrons, who tend to migrate to venues in the area that are open to a much later time.
The applicant would like to retain the 9:00 a.m. opening time as a convenience to some of the business's existing long term clientele. However, this time may change in the future, to reflect changing service and operational requirements.
Proposal Concerns
The differential in closing times between the various liquor establishments in the area is beneficial in helping to mitigate the problems associated with closing times in the Downtown Eastside and Gastown. Currently, the Patricia closes at 11:00 p.m. The proposed changes to the hours of operation to provide a later closing will result in more people leaving the establishment at a later hour. Presently the hours of operation of the various venues are staggered.
This moratorium area and many of the reasons for implementing the moratorium are still valid. For example, a later closing time and associated noise, may impact adjacent residential uses.
A change in hours for this establishment may open the door for applications from other establishments in the Downtown Eastside.
However, there are some aspects of this proposal that Council may wish to consider. These are outlined below.
Proposal Benefits
Extending the hours of the Patricia Hotel may ensure that a good operator is retained in the area. The Patricia is a few blocks east of the Downtown Eastside area where licensed premises have traditionally been a problem; however, this establishment has not been one of them. Police indicate that the Management of the premises works well with the police and deals with problems as they arise.
A change of hours would also make this business more competitive with other Downtown Eastside hotel bars. Appendix B provides the current hours of operation for these bars. A midnight closing time would also put the business on a competitive/equal footing with city restaurants.
Enforcement
The operator runs a good establishment and has created few if any calls for service.
RESULTS OF PUBLIC CONSULTATION
Following are the results of the public consultation conducted for the original report dated June 24, 2003 [titled 403 East Hastings Street - Patricia Hotel, Change in Hours of Operation in a Liquor Primary establishment (Hotel Lounge)]:
· A neighbourhood notification was conducted by circulating 1025 notices in the survey area. A sign was also erected advising the community of the application.
· In response to the notification, staff received three emails, one telephone call and a petition signed by 25 residents of the Chinese Senior Home Vancouver Chinese Mennonite Church (485 Dunlevy Avenue), opposing the application. A petition organized by the applicant generated 157 signatures from patrons of the establishment who are in favour of the later operating hours (19 signatures from patrons of the establishment who are in favour of the later operating hours (19 signatures were from residents in the immediate area, 120 signatures from Vancouver residents outside the immediate area and 18 signatures from non-Vancouver residents). One voice mail was received in support of the application.
The petition from the church was evidently organized by an individual that did not understand the purpose of the application. After receiving further information, the church has provided a letter of support for this business.
COMMENTS
The Police Department notes that this is not a problem establishment and supports a one hour extension in operating hours for the Patricia Hotel on a trial basis.
Given Council policy and the previous Council decision on the applicant's request for a permanent change staff submit the two items for Council's CONSIDERATION (CONSIDERATION A - to not endorse the temporary approval or CONSIDERATION B - to endorse the temporary approval).
* * * * *
APPENDIX A
PAGE OF 1
APPENDIX B
PAGE OF 1
ADDRESS |
BUSINESS
|
HOURS OF OPERATION | |||
Monday to Saturday |
Sunday | ||||
1. |
122 East Hastings Street |
New Brandiz Pub |
11:00 a.m. - 1:00 a.m. |
11:00 a.m. - 12:00 a.m. | |
2. |
159 East Hastings Street |
Balmoral Hotel (Vancouver) |
11:00 a.m. - 1:00 a.m. |
11:00 a.m. - 12:00 a.m. | |
3. |
160 East Hastings |
Regent Hotel |
11:00 a.m. - 1:00 a.m. |
11:00 a.m. - 12:00 a.m. | |
4. |
203 Main Street |
No 5 Orange St Hotel |
11:00 a.m. - 1:00 a.m. |
11:00 a.m. - 12:00 a.m. | |
5. |
235 East Hastings Street |
Empress Hotel (Vancouver) |
9:00 a.m. - 11:00 p.m. |
11:00 a.m. - 11:00 p.m. | |
6. |
25 East Hastings Street |
New Dodson Hotel |
9:00 a.m. - 11:00 p.m. |
11:00 a.m. - 11:00 p.m. | |
7. |
258 East Hastings Street |
Savoy Hotel Pub |
9:00 a.m. - 11:00 p.m. |
11:00 a.m. - 11:00 p.m. | |
8. |
303 Columbia Street |
Columbia Hotel |
11:00 a.m. - 1:00 a.m. |
11:00 a.m. - 12:00 a.m. | |
9. |
320 Abbott Street |
Metropole Hotel |
9:00 a.m. - 11:00 p.m. |
11:00 a.m. - 11:00 p.m. | |
10. |
340 Cambie Street |
Pub 340 |
9:00 a.m. - 11:00 p.m. |
11:00 a.m. - 12:00 a.m. | |
11. |
35 West Hastings Street |
Funky Winkerbeans |
Mon.-Thurs.:
|
Fri. & Sat.:
|
11:00 a.m. - 12:00 a.m. |
12. |
401 Powell Street |
Marr Hotel |
9:00 a.m. - 11:00 p.m. |
11:00 a.m. - 11:00 p.m. | |
13. |
403 East Hastings Street |
Patricia Hotel |
9:00 a.m. - 11:00 p.m. |
11:00 a.m. - 11:00 p.m. | |
14. |
488 Carrall Street |
West Hotel |
11:00 a.m. - 1:00 a.m. |
11:00 a.m. - 12:00 a.m. | |
15. |
50 West Cordova Street |
Hildon Hotel |
10:00 a.m. - 12:00 a.m. |
10:00 a.m. - 12:00 a.m. | |
16. |
74 West Hastings Street |
Grand Union Hotel |
10:00 a.m. - 12:00 a.m. |
11:00 a.m. - 12:00 a.m. | |
17. |
769 East Hastings Street |
Astoria Hotel |
11:00 a.m. - 1:00 a.m. |
11:00 a.m. - 12:00 a.m. | |