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CITY OF VANCOUVER ADMINISTRATIVE REPORT |
Date: |
October 28, 2003 | |
Author: |
Guy Gusdal | |
Phone No.: |
604.871.6461 | |
RTS No.: |
03707 | |
CC File No.: |
2612-1 | |
Meeting Date: |
February 26, 2004 |
TO: |
Standing Committee on Planning and Environment |
FROM: |
Chief License Inspector |
SUBJECT: |
2434 Main Street - Guys & Dolls Billiards Ltd.
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RECOMMENDATION
THAT Council, having considered the views of area residents and business operators of the community, as determined by neighbourhood notification and public information meeting, the lack of city policy and regulations for this type of establishment, and the lack of clarity by the Liquor Control and Licensing Branch on enforcement for non-traditional drinking establishments, advise the Liquor Control and Licensing Branch it does not endorse the application by Guys & Dolls Ltd., for a 93 seat Liquor Primary License (Billiard Hall/Arcade) at 2434 Main Street at this time.
GENERAL MANAGER'S COMMENTS
The General Manager, Community Services Group, RECOMMENDS approval of the foregoing.
COUNCIL POLICY
There is no applicable Council Policy.
SUMMARY
This is the first application staff have received under the new provincial liquor regulations for a non-traditional liquor licensed establishment (Billiard Hall with Ancillary Arcade). No City liquor policy or land use/business license regulations are in place to address potential enforcement issues. There are also area resident concerns and concerns with the proximity to proposed Mount Pleasant Community Centre on Kingsway. As a result, staff are recommending Council not endorse the applicant's request at this time.
BACKGROUND
A Billiard Hall has existed at this location for 45 years, and owned and operated by the applicant for the past 12 years.
The applicant wishes to offer customers alcoholic beverages, along with light meals such as sandwiches and prepared pasta dishes. The proposed hours of operation are Sunday to Saturday 10:00 a.m. to 1:00 a.m.
This is one of the first applications received in the City under the province's new Liquor Primary application process. This is also the City's first application for a Liquor Primary License in a non traditional business (combined Billiard Hall & Arcade). Although the applicant advises that he will provide "light food service," food consumption will not be a requirement of alcohol service.
The applicant requests a seating capacity of 93-seats and hours of operation from 10:00 a.m. to 1:00 a.m., seven days a week. The License Bylaw requires Billiard Halls to close at 1:00 a.m. every day.
The Liquor Control and Licensing Branch has determined that the proposed establishment meets the definition of a Liquor Primary establishment.
The applicant feels that the addition of full alcohol service to his billiard hall will make him unique in the community, increase his business and provide a better product to his clientele.
There are 18 other billiard halls in the city which may be eligible to submit similar applications. Three of these other billiard halls also include an arcade. Also, there are two other stand alone arcades in the city (that is they are not operated in conjunction with a billiard hall).
PURPOSE
Guys & Dolls Billiards Ltd. is requesting a Council resolution endorsing the application for a Liquor Primary License (Billiard Hall & Arcade) at 2434 Main Street.
DISCUSSION
Policy issues
There are a number of policy issues with respect to this application. Briefly, these issues are; the application is the first of its kind in the city, the city has no policy or regulations in place at this time for such a business, questions about how the province intends to apply and enforce their limited policies and regulations and finally, approval of this application will set a precedent for the other 18 Billiard Halls and 2 Arcades in the city.
Staff advised the applicant prior to receiving a formal application that the lack of policy and regulations regarding liquor service in Billiard Halls raised significant issues for the city. Staff concerns are as follows:
· Approval will set a precedent for these businesses (Billiard Halls & Arcades), staff must accept and process all applications;
· The current definitions in the Zoning & Development Bylaw and the License Bylaw provide no distinction for a Billiard Hall or Arcade that serves liquor which means:
_ No Development Permit is required and therefore the City loses the ability to set conditions and a significant enforcement lever (time-limited Development Permit approvals) that ensures the use is compatible with the adjacent land uses.
_ This would create an inequity for new Liquor Primary licenses associated with traditional liquor service establishments (Bars, Pubs & Cabarets) as they are only issued time-limited Development Permit approvals for their new uses.
_ No provision to issue a separate business license for liquor service in conjunction with a billiard hall. The operation would not contribute towards the recovery of extra costs associated with regulating and monitoring liquor service establishments.
· Any future enforcement action by the City would be against the Billiard Hall business license and/or land use. Such action may not be possible or successful if the problems/infractions are only related to liquor service and associated issues. In such an eventuality, the City would likely be wholly reliant on the provincial Liquor Control and Licensing Branch to conduct effective and timely enforcement;
· The Liquor Control and Licensing Branch has not developed any policy with respect to how liquor service would be regulated in non-traditional businesses to ensure the essence of the original business is not lost. The LCLB has indicated that they would inspect the business in the same manner they inspect other Liquor Primary licensees (Bar, Pubs and Cabarets). There are to be no additional regulations for a billiard hall with a liquor primary liquor license. For example, there is no provision that patrons must be playing billiards as a requirement to consuming alcohol.
Concerns with the Application
Staff's primary concerns are outlined in the policy section above, however there are a couple of additional concerns:
1. There is a strong possibility that the alcohol service will generate additional street noise and nuisance behaviour for area residents and businesses. This was a common concern expressed by most of the 11 residents that responded to the public consultation opposing the application;
2. The applicant has not provided any information as to how he will adapt his business practices to address issues that may arise from liquor service (ie: additional staff, such as security or servers). Therefore, Staff are concerned about the operator's lack of experience operating a liquor primary establishment;
3. The applicant is requesting a 1:00 a.m. closing time for the liquor service 7 days a week. The proposed closing time causes two issues; firstly, all Liquor Primary establishments approved in residential areas of the city (primarily Neighbourhood Pubs) were limited to midnight closing during the week and 1:00 a.m. on Friday and Saturday nights. Also, no policy has been developed regarding permanent closing hours past midnight on Sundays. Secondly, the License Bylaw requires the Billiard Hall to be closed completely by 1:00 a.m., that is all patrons out of the premise. The LCLB regulations allow a licensee 30 minutes after bar service ends for patrons to vacate the premise. Therefore, a 1:00 a.m. closing on the liquor license would conflict with the License Bylaw regulations. A 12:30 a.m. closing time would be compatible with the License Bylaw.
4. The premise is located across Kingsway and 150' south from the proposed Mount Pleasant Community Centre. The Mount Pleasant Community Centre is proposing to include a library, daycare and up to 90 dwelling units. The proximity of the daycare is of significant concern to staff as the hours of operation will likely overlap for a number of hours.
Benefits of the Application
Staff also see a number of benefits with the application. Approval of the application should increase viability of the business. It will also add to the entertainment options for the community and the city (particularly those that would enjoy playing pool/billiards). The concept of having a drink/beer while playing a game of pool appears to be a fairly benign activity and possibly a welcomed addition to most billiard halls. Unfortunately, there are no mechanisms in place to ensure that the liquor service stay or operates at that benign level.
Finally, staff do have some degree of control over the land use as the billiard hall is currently approved through a time limited development permit. This development permit is currently approved until January 31, 2009. However, as mentioned previously, staff may be required to extend the Development Permit approval if the only issues/problems with the establishment are related to the liquor service. Therefore, the City would be reliant on provincial regulations and enforcement through the LCLB. Staff believe it would be difficult to enforce resolution of liquor service issues through either the current Zoning & Development or License Bylaws.
AREA SURROUNDING SUBJECT PREMISES
The subject premises are located in the C-3A Zoning District. The surrounding area is a mixture of residential and commercial buildings.
There is 1 club lounge (177 total seats) and 1 Liquor Primary "Cabaret" (148 seats) and approximately 22 licensed restaurants within the 1000 ft. survey area (Appendix A). The Cabaret (previously known as "Club Paradise") is not currently operating but could re-open with a new owner at some point in the future.
RESULTS OF NOTIFICATION
A neighbourhood notification was conducted by circulating 1466 notices (refer to the appendix). A public meeting was also held on November 27, 2003, attended by 10 people in addition to the applicant.
In response to the notification, staff received 3 telephone calls, 3 emails and 5 letters from area residents and business operators opposing the application. One letter from the Mount Pleasant BIA and 1 email from an area resident were submitted in support of the application. A letter of support was also received from a customer of the billiard hall that resides from outside the immediate community.
Respondents favouring the application generally indicated that they felt the operator ran a good business.
Respondents opposing the application were most concerned around the noise impacts and nuisance behaviour associated with having a liquor primary establishment in the area. Many respondents also felt the area was already well served with respect to businesses offering liquor service.
COMMENTS
The Police Department does not recommend approval of this application. Liquor in Billiard Halls is new ground and policy and procedures need to be developed before any billiard hall is granted a liquor license.
The Development Services Department has reviewed the application and notes the site is zoned C-3A and the existing space is approved as Billiard Hall (approximately 6028 sq. ft., 16 tables) with ancillary restaurant and arcade. It is also noted that the proposal to allow a liquor primary license as part of that ancillary use does not require a Development Permit application as long as the ancillary use remains small enough to qualify as such. Further, the Billiard Hall was approved by the Board of Variance for a six (6) year limited period of time expiring January 31, 2009; unless further extended.
Finally, the Development Services Department notes that the site at 1 Kingsway, located approximately 150' north of 2434 Main Street, is being considered for a development providing: a community centre (Mount Pleasant Community Centre), library, child daycare facility, and a multiple dwelling (rental tenure) containing approximately 90 dwelling units.
The Environmental Health Department has no objection or concerns at this time.
The Social Planning Department has concerns that increased liquor availability and consumption may be associated with increased levels of alcohol-related harms. The proximity to the proposed daycare also raises significant concerns.
The Housing Centre notes that there are a few non-market housing projects in the 2-block radius which include some family and senior projects. As such, The Housing Centre is concerned that the late night closing and the seating capacity will have noise and traffic impacts to the adjacent residents.
NAME |
ADDRESS |
FAMILIES |
SENIORS |
OTHERS |
TOTAL |
Evangel Towers |
30 East 10 Avenue |
0 |
66 |
0 |
66 |
GVHC Project |
2626 Watson Street |
0 |
0 |
39 |
39 |
Ledingham Place |
2424 Brunswick Street |
21 |
0 |
12 |
33 |
New Chelsea - Project 7 |
330 East 6 Avenue |
0 |
46 |
0 |
46 |
Quebec Manor Co-op |
101 East 7 Avenue |
24 |
0 |
9 |
33 |
Enforcement
In November of 2000, the Vancouver Police Department seized 5 VLT machines based on an under cover operation.
There does not appear to be a significant call load for the business since 2002.
CONCLUSION
Staff acknowledge that the activity of having a drink while playing a game of pool is likely a fairly benign activity. Staff feel there are not sufficient safeguards in place to ensure that the issuance of a Liquor Primary liquor license at this location will remain a benign and unobtrusive activity. Furthermore, approval of this application will set a precedent for other similar applications prior to the Council's ability to implement sufficient safeguards. As a result, staff are recommending that Council not approve this application at this time. Once Council liquor policy and regulations have been developed for this and other non-traditional businesses, staff can re-evaluate this application with respect to that policy and bring forward recommendations for Council's consideration.
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APPENDIX
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