|
CITY OF VANCOUVER ADMINISTRATIVE REPORT |
Date: |
May 18, 2004 | |
Author: |
Guy Gusdal | |
Phone No.: |
604.871.6461 | |
RTS No.: |
04243 | |
CC File No.: |
2612-1 | |
Meeting Date: |
July 8, 2004 |
TO: |
Standing Committee on Planning and Environment |
FROM: |
Chief License Inspector |
SUBJECT: |
1535 Johnston Street - Sandbar Fresh Seafood Restaurant
|
RECOMMENDATION
THAT Council, as determined by existing Council liquor policy and outlined in this report titled 1535 Johnston Street, Sandbar Fresh Seafood Restaurant - Permanent Change of Hours of Operation (Food Primary Liquor License - Restaurant Class 2) and dated May 18, 2004, does not endorse the application by Granville Island Restaurant Inc. for a permanent change of hours of operation with patron participation endorsement from 11:00 a.m. to 12:00 midnight, seven days a week to 11:00 a.m. to 1:00 a.m., 7 days a week for the Food Primary liquor license (Food Primary Liquor License #62177), doing business as the Sandbar Fresh Seafood Restaurant at 1535 Johnston 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.
On April 8, 2003, Council approved a recommendation that pending the completion of policy, hours extensions to existing Food Primary liquor licenses not be supported and that New Food Primary Liquor license hours of liquor service be limited to midnight.
PURPOSE
Granville Island Restaurant Inc. is requesting a Council resolution endorsing their request for a permanent change in hours of operation with patron participation endorsement for a 1 hour later closing time 7 days a week for the Food Primary liquor license at the Sandbar Fresh Seafood Restaurant, 1535 Johnston Street.
BACKGROUND
The applicant has been operating the Sandbar Fresh Seafood Restaurant since 2000. The restaurant is located in the FCCDD zoning area. The surrounding area is a mixture of hotels, restaurants, retail, bar, social service, institutional and other commercial uses. The restaurant operates with 285 licensed seats. Within a 1000' radius there are 2 Club Lounges (501 licensed seats), 1 Neighbourhood Pub (100 licensed seats), 1 Liquor Store and approximately 6 licensed restaurants.
The applicant is submitting an application to extend the hours of the Food Primary liquor license in accordance with 2002 changes to Provincial government regulations.
Staff have had numerous discussions with the applicant and informed him that this application is contrary to current policy and could 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 policy for Food 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 departments). Due to clear Council policy to not support this application, staff did not carry out a full consultation at this point.
In addition to the hours of service policy work to be completed, Planning staff are currently reviewing the entertainment options within Restaurants. Staff anticipate that Restaurant entertainment policy work will be presented to Council in the early fall. The applicant is also requesting a 1 hour extension to 1:00 a.m. to the patron participation endorsement on their liquor license. This aspect of the applicant's request may be an integral part of the restaurant policy work. As such, staff suggest that policy work should be completed prior to Council making any decision on this request.
Therefore, 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; and
- A Council decision now may not be fair to this operator or to other operators as the new 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, which would include public consultation. The standard report and public process is required to satisfy the LCLB requirements for local government comments.
CONCLUSION
As per current Council policy, staff recommend Council not endorse the request by Granville Island Restaurant Inc. to permanently change the closing hours of operation as requested by the applicant.
* * * * *