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CITY OF VANCOUVER ADMINISTRATIVE REPORT |
Date: |
August 31, 2004 | |
Author: |
Guy Gusdal | |
Phone No.: |
604.871.6461 | |
RTS No.: |
04372 | |
CC File No.: |
2613-1 | |
Meeting Date: |
September 16, 2004 |
TO: |
Standing Committee on Planning and Environment |
FROM: |
Chief License Inspector |
SUBJECT: |
330 West Georgia Street - The Fox & Fiddle Corporation
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RECOMMENDATION
THAT Council, having considered the issues and information as outlined in this report titled "330 West Georgia street - The Fox & Fiddle Corporation (The Fox and Fiddle) - Liquor Primary Liquor License", endorse the application by The Fox & Fiddle Corporation for a 172 seat Liquor Primary liquor license (Neighbourhood Pub) in conjunction with the existing Restaurant Class 1 at The Fox and Fiddle, 330 West Georgia Street, subject to:
i. A Time Limited Development Permit;
ii. A signed Good Neighbour Agreement prior to issuance of a Neighbourhood Pub business license;
iii. Hours of operation of 11:00 a.m. to 1:00 a.m., Sunday to Thursday and 11:00 a.m. to 2:00 a.m., Friday and Saturdays;
iv. No exotic entertainment/dancers or off-premise sales;
v. Adherence to clean air principles; and
vi. No lounge endorsement for the adjoining restaurant seating area Food Primary Liquor License.
GENERAL MANAGER'S COMMENTS
The General Manager of Community Services RECOMMENDS approval of the foregoing.
COUNCIL POLICY
Council Policy requires new Liquor Primary liquor license is subject to a Time-Limited Development Permit, Good Neighbour Agreement, neighbourhood notification, a public meeting and, in some circumstances, a telephone survey.
PURPOSE
The Fox & Fiddle Corporation is requesting a Council resolution endorsing their application for a 172 seat Liquor Primary liquor license in conjunction with the existing Restaurant Class 1 at The Fox and Fiddle, 330 West Georgia Street.
BACKGROUND
The applicant has been in operation since May 2003 as a Restaurant Class 1 with a Food Primary liquor license. The proposal is to convert 172 of the 212 licensed seats to Liquor Primary seats from Food Primary seats.
The existing restaurant hours of operation are 9:00 a.m. to 12:00 midnight, seven days a week. The proposed hours of operation are from 11:00 a.m. to 1:00 a.m. Sunday to Thursday and from 11:00 a.m. to 2:00 a.m. Friday and Saturday. The applicant feels that as the restaurant/proposed neighbourhood pub is situated in the hub of numerous sporting venues, the business theme/entertainment will cater to a sporting genre offering a full menu of pub fare, available during all hours of operation.
Liquor Control & Licensing Branch (LCLB) Regulations and Policies
Branch regulations allow liquor service between the hours of 9:00 a.m. to 4:00 a.m. seven days a week for Liquor Primary licenses. Any new liquor license application is subject to local government support. All previous Branch policy has been eliminated.
Area Surrounding Premises
The subject premises are located in the CD-1 Zoning District. The surrounding area is a mixture of residential, hotel, retail, restaurants, recreation uses and other commercial uses (refer to Appendix A)
There are 6 Hotel Lounges (1115 total seats), 3 Club Lounges (398 total seats), 2 Venues (2443 total seats), 1 Cabaret (225 seats), 1 Specialty Wine Store and approximately 16 licensed restaurants within the 1000 ft. survey area.
DISCUSSION
Policy
Seat Relocation: Staff acknowledges that the introduction of the two liquor license system has blurred the Council Policy regarding seat relocations. Traditionally, relocation of liquor seats has only been required for new "cabaret" licenses. New neighbourhood pub licenses were excluded from the seat relocation policy.
The applicant's request is for an establishment that is significantly larger (by approximately 65 seats) than past neighbourhood pub approvals/applications. Despite the larger capacity, staff feel that seat relocation is not necessary in this situation given the location, distance from residential properties, no opposition from area residents and businesses, as well as being just outside the CBD Liquor Policy area which required seat relocation for large establishments.
Hours of Operation: The Comprehensive Hours of Liquor Service policy will be brought forward for Council's consideration sometime in the near future. The hours of liquor service requested by the applicant may vary from what is approved by Council for the overall policy. As a result, the applicant may be able to increase their hours of operation to match the new policy or will have hours of liquor service that exceed the policy. Staff feel that this application can proceed as the requested hours of service appear to be consistent with the staff recommended hours of liquor service for the area.
Positive Proposal Aspects
The location is the primary positive feature of the application. The site is reasonably isolated from residential properties. Therefore, it is highly unlikely that any activities within the pub would directly impact the residential residents.
Secondly, very little is likely to change with respect to how the premise currently operates. Food service shall continue to be encouraged throughout the premise. Should Council support the Liquor Primary application, then the applicant will simply have more flexibility to serve and accommodate those clients that only wish to consume alcohol. The public perception of how this business operates should remain the same even after the conversion of a majority of the premise's seats to a Liquor Primary license.
Finally, the time-limited development permit should provide adequate controls to ensure the land use/business remains compatible with the surrounding community.
Negative Proposal Aspects
There is a strong possibility that the proposed pub may increase street related nuisance activity for area residents and business operators. Strong management and sound operational practices should limit this type of activity from having a negative impact on the surrounding community.
RESULTS OF NOTIFICATION
A neighbourhood notification was conducted by circulating 1808 notices in the survey area (see Appendix A). Site signs were erected advising the community of the application and where to send concerns or comments. There were 2 email responses in favour of the notification. Respondents were supportive of the business in its current form and of the added flexibility a Liquor Primary license would allow the operators.
A public information meeting was held on June 1, 2004 and was attended by 1 area resident as well as 3 people on behalf of the applicant and 1 agent representing the applicant. The information meeting was not well attended; as a result, staff contacted a couple area residents that have expressed concerns about the operations of bars in this area in the past. Staff confirmed that the residents had received the notice of the application and meeting. One of the 3 residents contacted by staff, responded and speculated that the location is far enough removed from the residential properties to account for the lack of responses from residents. The individual did indicate that if approved there will likely be an increase in alcohol related nuisance behaviour for the community.
Enforcement History
There are no significant enforcement issues for this establishment.
COMMENTS
The Police Department are concerned with adding more liquor seats in the downtown peninsula and may provide specific comments at the committee meeting.
The Development Services Department has reviewed the application and notes the site is zoned CD-1 (289) and is approved as Service Use (Restaurant Class 1). A Development Permit would be required.
The Environmental Health Department has no issues at this time.
The Social Planning Department and Housing Centre have no particular concerns with this application.
The Central Area Planning Department is in support of this application and note that negative impacts from this business on the surrounding area should be minimal. The application will also assist in adding vitality to the library square complex.
Comments to Satisfy LCLB Resolution Requirements
Location: as noted previously.
Proximity of the establishment to other social or recreational and public building: Staff do not feel the Liquor Primary liquor license will have an adverse reaction on the Public Library, GM Place, BC Place or the other nearby institutional buildings.
Person capacity and hours of operation: As outlined above.
Market analysis: Staff feel this is a criteria best left to the applicant to determine and since there is no authority for the city to require the operator to maintain a specific market focus clientele.
Traffic, noise, parking and zoning: compliance and mitigation of these issues will be conducted during the Development Permit application review.
CONCLUSION
Staff are recommending Council endorse the applicant's request for a 172 seat Liquor Primary (Neighbourhood Pub) liquor license subject to the conditions outlined in Recommendation A. The location of the establishment should limit any negative impacts in the surrounding community.
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