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CITY OF VANCOUVER ADMINISTRATIVE REPORT |
Date: |
March 16, 2004 | |
Author: |
Guy Gusdal | |
Phone No.: |
604.871.6461 | |
RTS No.: |
03982 | |
CC File No.: |
2612-1 | |
Meeting Date: |
April 8, 2004 |
TO: |
Standing Committee on Planning and Environment |
FROM: |
Chief License Inspector |
SUBJECT: |
203 Main Street - No. 5 Orange St. Hotel
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RECOMMENDATION
THAT Council, as determined by existing Council liquor policy and outlined in this report titled 203 Main Street - No. 5 Orange St. Hotel, Permanent Change of Hours of operation for a Liquor Primary Establishment (Hotel Lounge) and dated March 16, 2004, does not endorse the application by Sentinel Peak Holdings Ltd for a permanent change of hours of operation from 11:00 a.m. to 1:00 a.m. Monday to Saturday and from 11:00 a.m. to Midnight on Sunday to 11:00 a.m. to 2:00 a.m., 7 days a week for the Liquor Primary liquor license (Hotel Lounge, Liquor Primary License #21660), at the No. 5 Orange St. Hotel, 203 Main Street.
GENERAL MANAGER'S COMMENTS
The General Manager, Community Services Group, RECOMMENDS approval of the foregoing.
COUNCIL POLICY
On November 28, 2003, Council approved a recommendation that no permanent closing hour amendments to existing licenses be supported until current Comprehensive Hours of Service policy work has been completed.
PURPOSE
Sentinel Peak Holdings Ltd. is requesting a Council resolution endorsing their request for a permanent change in hours of operation for later closing hours 7 days a week for the Liquor Primary liquor license at the No. 5 Orange St. Hotel, 203 Main Street.
BACKGROUND
The applicant has been operating the No. 5 Orange St. Hotel since the early 1990's. The hotel is located in the DEOD zoning area. The surrounding area is a mixture of hotels, restaurants, retail, bar, social service, institutional and other commercial uses. The establishment includes 180 licensed seats and a hotel with 20 sleeping units. Within a 1000' radius there are 6 Hotel Lounges (949 licensed seats), 1 Cabaret (205 licensed seats), 1 Club Lounge (29 licensed seats), 1 Neighbourhood Pub (68 licensed seats) and approximately 12 licensed restaurants.
The applicant is submitting an application to extend the hours of the Liquor Primary liquor license to provide greater operational flexibility and to be more competitive with other licensed venues offering similar entertainment. The establishment is located two blocks outside the liquor licensing trial period area for later closing hours and is not eligible to participate. The site is also in the heart of Council's DTES Liquor moratorium area where the policy is to not support expanded availability of alcohol unless there is an offsetting public benefit.
Staff have met with the applicant and informed him that this application is contrary to current policy and would not be supported by staff. The applicant has indicated that he still wishes to proceed with this application and to have an opportunity to present his application to Council.
DISCUSSION
On November 20, 2003, Council adopted a policy to not support permanent changes to closing hours until a comprehensive hours of liquor service policy for Liquor Primary establishments is developed and reported back to Council. As a result, staff have not conducted the standard review for these types of applications (no public consultation or application review by other interested department). It does not make sense to carry out a full consultation at this point if there is no Council support for this application.
In accordance with current Council policy, Staff recommend that Council not endorse the applicant's request. Staff have the following concerns if Council were to support the application at this time:
* Sets a precedent prior to the current policy review;
* Council may lose the opportunity to require the operator to implement mitigation measures;
* Council may lose the opportunity to require a public benefit in lieu of their support for the change of hours request; and
* A Council decision now may not be fair to this operator or to other operators as the new comprehensive policy may put in place a new process as well as new requirements.
Should Council wish to consider a permanent amendment to the license at this time, then staff recommend that Council defer the decision pending a staff report back. The following suggested motion would be appropriate to achieve this result:
"THAT Council defers a decision on the Change of Hours application by Sentinel Peak Holdings Ltd pending the standard staff report on the applicant's request, including public consultation and subject to the applicant paying the additional required processing fees."
The standard report and public process is required to satisfy the LCLB requirements for local government comments.
CONCLUSION
As per current Council policy, staff recommends Council not endorse the request by Sentinel Peak Holdings Ltd to permanently change the closing hours of operation as requested by the applicant.
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