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CITY OF VANCOUVER ADMINISTRATIVE REPORT |
Date: |
March 7, 2005 | |
Author: |
Guy Gusdal | |
Phone No.: |
604.871.6461 | |
RTS No.: |
04718 | |
CC File No.: |
2615 | |
Meeting Date: |
March 31, 2005 |
TO: |
Standing Committee on Planning and Environment |
FROM: |
Chief License Inspector |
SUBJECT: |
1066 West Hastings Street - Aqua 1066 Lounge - 0693750 BC Ltd
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RECOMMENDATION
A. THAT Council, (having considered: the opinions of area residents and business operators notified by an on-site sign; the proximity of residential developments; noise impacts; and relevant city policy as outlined in this report titled 1066 West Hastings Street – Aqua 1066 Lounge – 0693750 BC Ltd Liquor Primary Application for an Increase in Capacity of an Outdoor Patio, dated February 15, 2005) endorse the request by 0693750 BC Ltd for an increase in the outdoor patio capacity for the Liquor Primary Liquor License (License # 300548) from 20 to 100 persons at Aqua 1066 Lounge, 1066 West Hastings Street, subject to:
i. Adhering to clean air practices.
ii. Signing a Good Neighbour Agreement with the City.
iii. Agreeing to have the patio vacated by 11:00 pm
GENERAL MANAGER'S COMMENTS
The General Manager of Community Services RECOMMENDS approval of the foregoing.
COUNCIL POLICY
Council Policy requires that amendments to existing Liquor Primary (Neighbourhood Pub) licenses be subject to public consultation and Good Neighbour Agreements.
PURPOSE
The applicant, 0693750 BC Ltd is requesting a Council resolution endorsing their application for an increase in outdoor patio seating capacity from 20 to 100 persons for the Liquor Primary liquor license at Aqua 1066 Lounge located at 1066 West Hastings Street.
BACKGROUND
Aqua 1066 Lounge has been operating at this location for approximately 9 months with a total of 228 seats inside the premise and a patio approved for 20 seats. The patio is located directly in front of the facility and the applicant will not have any music or speakers on the patio (outdoor speakers are not permitted per Section 25.5 of the License By-law). The applicant wishes to eventually use a portion of this area as a licensed smoking area.
Current permanent Neighbourhood Pub hours of operation are: Sunday to Thursday, 11:00am to 12:00am and Friday to Saturday, 11:00am to 1:00am. However, the operator has been participating in the downtown extended hours of liquor service since September 10, 2004, and has generally been granted 3:00am closings on Friday and Saturday nights.
Area Surrounding Premises
The subject premises are located in the Downtown (DD) Zoning District. The surrounding area is primarily office towers and a mixture of hotels, restaurants, retail and other commercial uses (refer to Appendix A).
In addition to this application’s 228 interior seats, there are 6 Hotel Lounges (974 total seats), 3 Club Lounges (2080 total seats), 1 Cabaret (199 total seats) and approximately 21 licensed restaurants within the 1000 ft. survey area.
DISCUSSION
Aqua 1066 Lounge is generally a well run business catering to the lunch and after work market in the downtown area. The large open plaza area at the front of the business is well suited to a patio operation. The original patio approval was for 20 seats as this was the maximum allowed under the previous neighbourhood pub regulations.
Staff have no specific issues with the proposed patio, as the location of the patio is unlikely to impact on adjacent businesses or residents. However, staff have a general concern with the operational logistics associated with large patios as life safety issues may arise when a business is operated at maximum capacity inside, with additional patrons outside on a patio which forms part of the exiting requirements. The operator is aware that they need to ensure that they comply with the internal occupant load, particularly at 11:00pm when the patio is required to close.
Should this application be endorsed, a Development Permit will be required which will regulate the hours of operation. This permit would be for a temporary period of time which will provide for future review of this patio should issues arise.
RESULTS OF NOTIFICATION
On January 28, 2005, a sign was erected on the site advising area residents and businesses of the application and where to send concerns or comments. Staff allowed 3 weeks for the community to respond with concerns or support for the application. There have been no responses to the site sign.
COMMENTS
The Police Department has no comment at this time but does highlight the fact that the maximum overall capacity for the premise remains at 228 (the maximum internal capacity).
The Development Services Department provided the following information:
The site is zoned DD sub area A and that the proposed use is allowable in this area. On May 15, 2003, a Development Permit approved the existing space as a Neighbourhood Pub with 20 seat outdoor patio for a limited period of time subject to the following conditions:
1. Hours of operation limited to Sunday to Thursday, 11:00am to 12:00am, Friday and Saturday, 11:00am to 1:00am;
2. Patio closed at 11:00pm;
3. Good Neighbour Agreement signed prior to issuance of a Business License;
4. No exotic entertainment/dancers or off-premise sales allowed; and
5. Clean air practices adhered to.
The proposed application for a patio increase would require an application for a Development Permit. As part of the review process, staff would assess anticipated impacts on nearby sites, particularly those containing residential units. As well, an application of this type would be reviewed in accordance with the Downtown (except Downtown South) Design Guidelines.
The Environmental Health Department recommends that the patio be closed and cleared of patrons by 11:00pm. If the patio is to be used for smoking after it is closed, it must be actively monitored by the operator of the establishment. The Environmental Health Department also notes that seating capacities are no longer reviewed by the Vancouver Coastal Health and that proposed capacities should be reviewed for compliance with the Building Code by the appropriate departments.
The Social Planning Department has no comment at this time.
The Housing Centre has no comment at this time.
CONCLUSION
Given the proposed patio location, staff do not anticipate any significant impacts from the operation of this patio. In addition, there has been no response from the neighbouring business or area residents. Therefore, staff recommend that Council endorse the applicant’s request for a capacity increase on the outdoor patio for a maximum of 100 seats subject to the required Development Permit approval.
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