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CITY OF VANCOUVER ADMINISTRATIVE REPORT |
Date: |
December 16, 2004 | |
Author: |
Guy Gusdal | |
Phone No.: |
604.871.6461 | |
RTS No.: |
04717 | |
CC File No.: |
2612-1 | |
Meeting Date: |
January 20, 2005 |
TO: |
Standing Committee on City Services and Budgets |
FROM: |
Chief License Inspector |
SUBJECT: |
357 Davie Street - Cactus Cafe Yaletown Ltd.
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RECOMMENDATION
THAT Council, as determined by existing Council liquor policy and outlined in this report titled 357 Davie Street, Cactus Café Yaletown Ltd., Permanent Change of Hours of Operation (Food Primary Liquor License - Restaurant Class 1) and dated December 16, 2004, does not endorse the application by Cactus Café Yaletown Ltd. for a permanent change of hours of operation from 9:00 a.m. to Midnight, seven days a week to 11:00 a.m. to 1:00 a.m., Monday and Tuesday, 11:00 a.m. to 1:30 a.m., Wednesday to Saturday and 11:00 a.m. to Midnight on Sunday for the Food Primary liquor license (Food Primary Liquor License #300858), doing business as Cactus Club Café (Davie Street) at 357 Davie 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
Cactus Café Yaletown Ltd. is requesting a Council resolution endorsing their request for a permanent change in hours of operation from 9:00 a.m. to Midnight, seven days a week to 11:00 a.m. to 1:00 a.m., Monday and Tuesday, 11:00 a.m. to 1:30 a.m., Wednesday to Saturday and 11:00 a.m. to Midnight on Sunday for the Food Primary liquor license at the Cactus Club Café (Davie Street), 357 Davie Street.
BACKGROUND
The applicant has been operating the Cactus Club Café (Davie Street) since March 2004. The restaurant is located in the HA-3 zoning area. The surrounding area is a mixture of hotels, restaurants, retail, bars, residential and other commercial uses. The restaurant operates with 150 licensed seats. Within a 1000' radius, there are 3 Cabarets (933 licensed seats), 2 Hotel Lounges (394 licensed seats), 1 Neighbourhood Pub (65 licensed seats), 1 Liquor Retail Store (Wine Only) and approximately 38 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's agent and informed him that this application is contrary to current policy and could not be supported by staff. The agent has indicated that his client still wishes to proceed with this application and to have an opportunity to present their position to Council.
On July 8, 2004, Council postponed their decision for a similar permanent change of hours of request by the Sandbar Fresh Seafood Restaurant at 1535 Johnston Street. Council, after considering proximity to residential developments and the establishment history, instructed the Chief License Inspector to favourably consider a one hour temporary extension to the restaurant's hours of liquor service.
Staff note that the Sandbar restaurant application differs from this application in that the Sandbar had previously operated with later hours of liquor service. This application is for a new (2004) Food Primary liquor license in Yaletown, and therefore the Cactus Club at this location never operated beyond midnight. The previous occupant of the space was a Software Development company.
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.
On November 18, 2004, Council approved the Hours of Liquor Service policy for Liquor Primary establishments (bars). Approval of the bar hours of liquor service policy is a significant step for the city and will provide one of the foundations for the development of the restaurant hours of liquor service policy. Also, Planning staff are currently reviewing the entertainment options within Restaurants. Planning staff anticipate that Restaurant entertainment policy work will be presented to Council shortly. The completion of these policies and the related follow-up policy work should allow staff to conduct an abbreviated review for the restaurant hours of liquor service policy. Staff anticipate bringing this policy forward for Council's consideration in mid to late spring. As such, staff suggest that all 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 recommends Council not endorse the request by Cactus Café Yaletown Ltd. to permanently change the closing hours of operation as requested by the applicant.
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