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CITY OF VANCOUVER ADMINISTRATIVE REPORT |
Report Date: |
March 15, 2005 | |
Author: |
Guy Gusdal | |
Phone No.: |
604.871.6461 | |
RTS No.: |
03707 | |
CC File No.: |
2612-1 | |
Meeting Date: |
March 31, 2005 |
TO: |
Standing Committee on Planning and Environment |
FROM: |
Chief License Inspector |
SUBJECT: |
2434 Main Street - Guys & Dolls Billiards Ltd.
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RECOMMENDATION
A. THAT Council advise the Liquor Control and Licensing Branch that it does not endorse the application made by Guys & Dolls Billiards Ltd. for a 93 seat Liquor Primary License (Billiard Hall) at 2434 Main Street, based on the development of recent Council policy to not support this type of application and on the views of area residents and business operators as outlined in this report titled “2434 Main Street – Guys & Dolls Billiards Ltd., Application for Liquor Primary License – Billiard Hall” dated March 15, 2005.
GENERAL MANAGER'S COMMENTS
The General Manager, Community Services Group, RECOMMENDS approval of the foregoing.
COUNCIL POLICY
On December 16, 2004, Council decided to not support liquor service in conjunction with billiard halls.
SUMMARY
This was the first application City staff received under the new Provincial liquor regulations for a non-traditional liquor licensed establishment (Billiard Hall with Ancillary Arcade). The decision on this application was deferred pending a better understanding of issues, especially with respect to how this would affect the ability of minors to use billiard halls, and how this would set precedent. On December 16, 2004, Council decided to not support liquor service in conjunction with billiard halls.
PURPOSE
To respond to Guys & Dolls Billiards Ltd., who requested a Council resolution endorsing the application for a Liquor Primary License (Billiard Hall) at 2434 Main Street.
BACKGROUND
On March 11, 2004 Council instructed staff to bring forward an amendment to the License By-law which would allow and regulate liquor service in conjunction with billiard halls, in response to an application from Guys and Dolls Billiards, 2434 Main Street.
The application requested a seating capacity of 93 seats and hours of operation from 10:00 a.m. to 1:00 a.m., seven days a week (the License Bylaw requires Billiard Halls to close at 1:00 a.m. every day). The applicant intended to provide “light food service” although food consumption would not have been a requirement of alcohol service.
The subject premises are located in the C-3A Zoning District, and the surrounding area is a mixture of residential and commercial buildings with one club lounge and one cabaret and approximately twenty-two licensed restaurants within the 1000 ft. survey area. A neighbourhood notification was conducted, and a public meeting was held.
On April 22, 2004, Council chose not to make a decision on the recommended amendment, pending a better understanding of issues related to this change, especially with respect to how this would affect minors’ use of billiard halls, and how this would set precedent.
On December 16, 2004 Council decided to not support liquor service in conjunction with billiard halls, thus setting policy on this issue.
DISCUSSION
Policy Issues
A number of policy issues were raised by this application, including:
· PRECEDENT for the other 18 billiard halls and 2 arcades in the city if this application was approved (noting that staff must accept and process all applications);
· ZONING/LICENSE BYLAW DEFINITIONS provide no distinction for a billiard hall or arcade that serves liquor, therefore:
o no Development Permit would be required, thus condition-setting and enforcement options would be limited
o an inequity would be created with new Liquor Primary licenses associated with traditional liquor service establishments (Bars, Pubs & Cabarets) as they are only issued time-limited Development Permit approvals for their new uses
o there is no provision to issue a separate business license for liquor service in conjunction with a billiard hall, thus cost recovery associated with regulating and monitoring liquor service establishments would be compromised
· ENFORCEMENT action by the City would be against the Billiard Hall business license and/or land use, which may not be possible/successful if the problems were only related to liquor service (thus leaving the City reliant on the provincial LCLB to conduct effective and timely enforcement)
· PROVINCIAL ROLE in applying and enforcing their limited policies and regulations. The LCLB has not developed any policy or guidelines with respect to how liquor service would be regulated in non-traditional businesses to ensure that the essence of the original business is maintained. For example, there would be no provision that patrons must be playing billiards in order to consume alcohol.
Ultimately, these policy concerns were resolved in Council’s decision to not support liquor service in conjunction with billiard halls.
Concerns with the Application
Staff also identified some concerns that were specific to this application:
· the possibility that the alcohol service would generate additional street noise and nuisance behaviour
· the fact that the applicant did not provide any information about how he will adapt his business practices to address liquor-related issues (ie: additional security/server staff)
· the 1:00 am, seven days a week liquor service closing time proposed by the applicant was inconsistent with other Liquor Primary establishments and conflicts with License Bylaw regulations
· the close proximity of the premise to the proposed Mount Pleasant Community Centre. The proposed daycare in this new facility is of significant concern to staff as the hours of operation will likely overlap.
Benefits of the Application
Staff also identified a number of benefits associated with this application, including:
· increased viability of the business
· additional entertainment options for the community and the city
· the fact that there is some degree of City control over this specific land use as the applicant billiard hall is currently approved through a time limited development permit (through to January 31, 2009).
Respondents to the neighbourhood notification process and public meeting reflected these concerns and benefits: respondents favouring the application indicated that the operator ran a good business that allowed for more entertainment choice, and respondents opposing the application were most concerned around noise impacts and nuisance behaviour.
Again, ultimately the concerns and potential benefits associated with this application were resolved by Council in their decision to not support liquor service in conjunction with billiard halls.
FINANCIAL IMPLICATIONS
There are no financial implications.
COMMENTS
The Police Department does not recommend approval of this application. Liquor in Billiard Halls is new ground and policy and procedures need to be developed before any billiard hall is granted a liquor license.
The Development Services Department has reviewed the application and notes the site is zoned C-3A and the existing space is approved as Billiard Hall (approximately 6028 sq. ft., 16 tables) with ancillary restaurant and arcade. It is also noted that the proposal to allow a liquor primary license as part of that ancillary use does not require a Development Permit application as long as the ancillary use remains small enough to qualify as such. Further, the Billiard Hall was approved by the Board of Variance for a six (6) year limited period of time expiring January 31, 2009; unless further extended.
Finally, the Development Services Department notes that the site at 1 Kingsway, located approximately 150’ north of 2434 Main Street, is being considered for a development providing: a community centre (Mount Pleasant Community Centre), library, child daycare facility, and a multiple dwelling (rental tenure) containing approximately 90 dwelling units.
The Environmental Health Department has no objection or concerns at this time.
The Social Planning Department has concerns that increased liquor availability and consumption may be associated with increased levels of alcohol-related harms. The proximity to the proposed daycare also raises significant concerns.
The Housing Centre notes that there are a few non-market housing projects in the 2-block radius which include some family and senior projects. As such, The Housing Centre is concerned that the late night closing and the seating capacity will have noise and traffic impacts to the adjacent residents.
NAME |
ADDRESS |
FAMILIES |
SENIORS |
OTHERS |
TOTAL |
Evangel Towers |
30 East 10 Avenue |
0 |
66 |
0 |
66 |
GVHC Project |
2626 Watson Street |
0 |
0 |
39 |
39 |
Ledingham Place |
2424 Brunswick Street |
21 |
0 |
12 |
33 |
New Chelsea – Project 7 |
330 East 6 Avenue |
0 |
46 |
0 |
46 |
Quebec Manor Co-op |
101 East 7 Avenue |
24 |
0 |
9 |
33 |
Enforcement
In November of 2000, the Vancouver Police Department seized 5 VLT machines based on an under cover operation.
There does not appear to be a significant call load for the business since 2002.
CONCLUSION
Council has now established policy to not support Liquor Primary Licenses in conjunction with Billiard Halls. Based on this policy, staff concerns and the neighbourhood response, staff are recommending that this application not be endorsed by Council.
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