PART REPORT TO COUNCIL VANCOUVER LIQUOR LICENSING COMMISSION July 24, 1997 A regular meeting of the Vancouver Liquor Licensing Commission was held on Thursday, July 24, 1997, at 7:40 p.m. in Committee Room No. 1, third floor, City Hall. PRESENT: Councillor Lynne Kennedy, Chair Councillor Don Bellamy Councillor Alan Herbert Councillor Daniel Lee ALSO PRESENT: Inspector Dave Jones, i/c District 1, Police Department Paul Teichroeb, Chief License Inspector CITY MANAGER'S OFFICE: Ken Dobell, City Manager CLERK: Rae T. Wylson NOTE FROM CLERK: Agenda items 4 and 5 were considered together. 4. 900 Granville Street - Class D Neighbourhood Pub and Brew Pub 490811 B.C. Ltd. File No: 2613-2 5. 952 Granville Street - Class D Neighbourhood Pub Gilligan's Entertainment Inc. File No: 2615-2 The Commission had before it two Administrative Reports dated July 8, 1997 (attached), in which the Chief License Inspector advised of requests for Council resolutions endorsing the following applications: - 490811 B.C. Ltd.; Class D Neighbourhood Pub and Brew Pub at 900 Granville Street; and - Gilligan's Entertainment Ltd.; Class D Neighbourhood Pub at 952 Granville Street. Paul Teichroeb, Chief License Inspector, reviewed the details of the applications as contained in the staff reports. At its Planning and Environment Committee meeting on June 19, 1997 Council referred these two applications to the Commission's July 24, 1997 meeting. Applicants for both premises have agreed to Council's policies for Theatre Row. However, neither application meets Council's criteria to relocate seats from residential areas to Granville Street. There are a number of other applications for Theatre Row which have been filed with the City. Final information regarding the number and nature of applications will not be available until the fall. Therefore staff recommended caution in approving one or both applications at this time as it may preclude some other applications for the 900 block of Granville Street. 900 Granville Street - Class D Neighbourhood Pub and Brew Pub 490811 B.C. Ltd. In an Administrative Report dated July 8, 1997, the Chief License Inspector submitted the following motions for consideration: A. THAT the Vancouver Liquor Licensing Commission endorse the request by 490811 B.C. Ltd. for a Class D Neighbourhood Pub and Brew Pub with 65-seats (plus a potential 20 seat patio on private property and subject to the patio closing at 10:00 p.m.) at 900 Granville Street, having considered the opinion of the area residents and business operators as determined through the neighbourhood notification process; or B. THAT the Vancouver Liquor Licensing Commission advise the Liquor Control and Licensing Branch it does not endorse the application by 490811 B.C. Ltd. for a Class D Neighbourhood Pub and Brew Pub with 65-seats (plus a potential 20-seat patio on private property and subject to the patio closing at l0:00 p.m.) at 900 Granville Street, having considered the opinion of residents and business operators as determined through the neighbourhood notification process; The Chief License Inspector also submitted the following recommendation for consideration: C. THAT the Vancouver Liquor Licensing Commission request that the General Manager, Liquor Control and Licensing Branch consider approving two or more Class D Neighbourhood Pubs located in close proximity in the Granville Street Entertainment District. The Chair invited speakers for the application. Dennis Coates, Mair Jensen Blair, representing the applicant, and Richard Jaffray, President of Cactus Restaurants, provided a brief overview of the proposed development for the site which is to include a restaurant, patio, pub and possibly a cabaret. The Commission was provided for information pictures of Cactus Restaurants recently opened restaurant in Burnaby (on file). In addition, a copy of the development plan was circulated for the Commission's review. In response to questions of the Commission, the following information was provided by Messrs. Coates and Jaffray: - the lease for 900 Granville Street is owned jointly (50:50) between Cactus Restaurants and Granville Entertainment; - Granville Entertainment is a limited partner in the project and will not be involved in the day-to-day operation of the facility; - Granville Entertainment has an option to purchase 50% of the liquor license; - the development will bring almost 24-hour activity to the area, from 6:00 a.m. starting time for the restaurant prep team to the 3:00 a.m. clean up crew; - details regarding esthetics of the development and access to the various sections; - fire codes and liquor licensing regulations require the licensed establishments be separated; - there will be no exotic dancing or off-site sales and the applicant is willing to sign an agreement to this end; - patio is located on private property and is contained within the design of the building; and - if approved, the facility is expected to open in the summer of 1998. Charles Wertman, speaker, (letter on file) expressed support for the application provided it is limited to a 65-seat pub. If the application were to include a Cabaret license, Mr. Wertman recommended delaying consideration of the application until such time as the other Cabaret license applications for the area are being considered. The following motion by Councillor Bellamy was put, THAT Consideration A and Recommendation C of the Chief License Inspector, contained in the Administrative Report dated July 8, 1997, be approved. - amended The following motion was put by Councillor Kennedy (in amendment): THAT Consideration A of the foregoing motion be amended as follows: i) by inserting between "having considered" and "the opinion", the following: the proximity to other facilities, traffic and parking issues, noise impacts in the neighbourhood, ii) by striking ";" and inserting: and subject to there being no off-site sales or exotic dancers; and - CARRIED UNANIMOUSLY. The motion, as amended, and reading as follows, was put and CARRIED UNANIMOUSLY, therefore the Commission, RECOMMENDED THAT the Vancouver Liquor Licensing Commission endorse the request by 490811 B.C. Ltd. for a Class D Neighbourhood Pub and Brew Pub with 65-seats (plus a potential 20 seat patio on private property and subject to the patio closing at 10:00 p.m.) at 900 Granville Street, having considered the proximity to other facilities, traffic and parking issues, noise impacts in the neighbourhood, the opinion of the area residents and business operators as determined through the neighbourhood notification process and subject to there being no off-site sales or exotic dancers; and THAT the Vancouver Liquor Licensing Commission request that the General Manager, Liquor Control and Licensing Branch consider approving two or more Class D Neighbourhood Pubs located in close proximity in the Granville Street Entertainment District. 952 Granville Street - Class D Neighbourhood Pub Gilligan's Entertainment Ltd. In the Administrative Report dated July 8, 1997, the Chief License Inspector submitted the following motions for consideration: A. THAT the Vancouver Liquor Licensing Commission endorse the request by Gilligan s Entertainment Inc. for a 65-seat Class D Neighbourhood Pub, (plus a possible 20-seat patio on private property and subject to the patio closing at 10:00 p.m.) at 952 Granville Street, having considered the opinion of the area residents and business operators as determined through the neighbourhood notification process; or B. THAT the Vancouver Liquor Licensing Commission advise the Liquor Control and Licensing Branch it does not endorse the application by Gilligan s Entertainment Inc. for a 65-seat Class D Neighbourhood Pub (plus a possible 20-seat patio on private property and subject to the patio closing at 10:00 p.m.) at 952 Granville Street, having considered the opinion of residents and business operators as determined through the neighbourhood notification process. The Chair invited speakers for the application. Dennis Coates, Mair Jensen Blair, representing the applicant, and Blaine Culling and Arnold Silber, joint partners in Granville Entertainment, advised this application, originally intended for a restaurant and cabaret, is now intended for a restaurant and pub. In response to questions of the Commission, Mr. Culling provided information concerning the proposal, including: - the British theme pub will feature folk singers and duos as entertainment; - restaurant and pub will both front onto Granville Street, separated by a common foyer; - restaurant to include an internalized patio; and - the application will be considered by LCLB at its August 6, 1997 meeting. The Commission noted its interest in the details of any proposals for Theatre Row and expressed concern that plans for the site were unavailable. In addition, members expressed concern that approval of this application immediately following its approval of the 900 Granville Street application may jeopardize both applications due to their similarity and close proximity. The original application for 952 Granville Street for a cabaret rather than a pub had made the differences between the two establishments more significant. Discussion ensued regarding referral of this application to Council. Staff cautioned against deferring the matter over the summer. LCLB policy is to consider one application at a time for any given neighbourhood, in the order in which the applications are submitted. Furthermore, applications are not closed until all appeals are exhausted. In the case of the two Granville Street applications, 900 Granville Street was submitted first and as such, will postpone LCLB's consideration of the 952 Granville Street application until 900 Granville Street is resolved. Additionally, LCLB approval of both applications will require amendment to their current policy. The following motion by Councillor Bellamy was put and carried, therefore the Commission, RECOMMENDED THAT the request by Gilligan's Entertainment Inc. for a 65-seat Class D Neighbourhood Pub, (plus a possible 20-seat patio on private property and subject to the patio closing at 10:00 p.m.) at 952 Granville Street, be referred to Council; FURTHER THAT staff be requested to report back at that Council meeting concerning the Liquor Control and Licensing Branch process for considering applications and timing implications. - CARRIED UNANIMOUSLY * * * * * Attachments: Administrative Report dated July 8, 1997 900 Granville Street - Class D Neighbourhood Pub and Brew Pub: 490811 B.C. Ltd. Administrative Report dated July 8, 1997 Inc.952 Granville Street - Class D Neighbourhood Pub Gilligan's Entertainment SUPPORTS ITEM NO. 4 VLLC JULY 24, 1997 ADMINISTRATIVE REPORT Date: July 8, 1997 File: 900 Granville St. C.C. File No.: 2613-2 TO: Vancouver Liquor Licensing Commission FROM: Chief License Inspector SUBJECT: 900 Granville Street - Class D Neighbourhood Pub and Brew Pub: 490811 B.C. Ltd. CONSIDERATION A. THAT the Vancouver Liquor Licensing Commission endorse the request by 490811 B.C. Ltd. for a Class D Neighbourhood Pub and Brew Pub with 65-seats (plus a potential 20 seat patio on private property and subject to the patio closing at 10:00 p.m.) at 900 Granville Street, having considered the opinion of the area residents and business operators as determined through the neighbourhood notification process; or B. THAT the Vancouver Liquor Licensing Commission advise the Liquor Control and Licensing Branch it does not endorse the application by 490811 B.C. Ltd. for a Class D Neighbourhood Pub and Brew Pub with 65-seats (plus a potential 20-seat patio on private property and subject to the patio closing at l0:00 p.m.) at 900 Granville Street, having considered the opinion of residents and business operators as determined through the neighbourhood notification process; RECOMMENDATION C. THAT the Vancouver Liquor Licensing Commission request that the General Manager, Liquor Control and Licensing Branch consider approving two or more Class D Neighbourhood Pubs located in close proximity in the Granville Street Entertainment District. GENERAL MANAGER'S COMMENTS The General Manager of Community Services submits the choice of A or B for CONSIDERATION and RECOMMENDS C. COUNCIL POLICY On June 19, 1997, Council approved the following: A. That the 700, 800 and 900 Blocks of Granville Street be designated as the Theatre Row Entertainment District and that the Director of Central Area Planning, in consultation with the Director of Legal Services, report back with appropriate amendments to the Downtown Official Development Plan and other relevant bylaw and policy documents to encourage a variety of entertainment uses and activities. B. THAT allowance be made in principle for a combined total of up to 1,000 Class A (Hotel Pub or Lounge), Class C (Cabaret) and Class D (Neighbourhood Pub) liquor licensed seats on Theatre Row, consistent with the Theatre Row Policing Strategy and generally distributed as follows: 1. 700 Block of Granville - two cabarets, or one cabaret and two neighbourhood pubs, or one cabaret and one hotel pub and/or lounge and one neighbourhood pub. 2. 800 Block of Granville - two neighbourhood pubs, or one hotel pub and/or lounge and a neighbourhood pub, or possible consideration of a cabaret on the west side of Granville and one neighbourhood pub. 3. 900 Block of Granville - two cabarets and two neighbourhood pubs, or one cabaret and three neighbourhood pubs, or one cabaret, two neighbourhood pubs and one hotel pub/lounge. THAT the Chief License Inspector bring forward to the July Vancouver Liquor Licensing Commission meeting applications for Class D Neighbourhood Pubs at 900 and 952 Granville Street. PURPOSE 490811 B.C. Ltd. are requesting a Council resolution endorsing the request for a Class D Neighbourhood Pub and Brew Pub at 900 Granville Street. BACKGROUND In May 1992, Council established an interim liquor licensing policy that new licensed seats or extensions of hours not be permitted in Downtown South, pending a liquor license review and a report back on future policy for this area. This review has been completed and was endorsed by Council on June 19, 1997. In February 1995, 490811 B.C. Ltd., (at that time doing business as Cactus Restaurants Ltd.) applied for a Class D Neighbourhood Pub. This application was not processed due to the moratorium in the Downtown South area. DISCUSSION Liquor Control and Licensing Branch guidelines define a Brew Pub "as the combination of a pub with small brewery making beer on a limited production basis. Sale of the beer is restricted to on-premise consumption and in some instances through off-sales if the product is packaged in approved sizes". The proposed 65-seat Class D Neighbourhood Pub and Brew Pub will be part of a multi-level entertainment complex comprising two floors and a rooftop garden patio. The hours of operation will be from 11:00 a.m. to 12:00 midnight. Located on the prominent southeast corner of Granville and Smithe Streets, the ground floor of the building will house a Cactus Club Cafe, while the second level will encompass the 65-seat Class D Neighbourhood Pub and Brew Pub. In the summertime, a 125-seat rooftop garden cafe will offer outdoor dining, in conjunction with a Restaurant-Class 1. The applicant has agreed to conform with the following recommendations of the Theatre Row Liquor Licensing Policy: - minimize noise and line-up impacts; - install non-breakable glass for ground-floor storefronts; - provide active street-front daytime retail or services for the interest and enjoyment of pedestrians; - operate video cameras to adjacent sidewalks and lanes; - provide adequate lighting in the lanes; - provide only services and emergency accesses to and from the lanes; - work with staff, local merchants and property owners to improve the cleanliness and reduce the amount of graffiti and litter on the street, lanes and adjacent properties; - development of a renovated building, designed to enhance Theatre Row s historic character; - add to the variety of entertainment opportunities needed to ensure the success and vitality of Theatre Row as an entertainment district, and work with Theatre Row business people, Barwatch and other groups in the area to revitalize Granville Street; - monitor the balance of entertainment and shopping requirements of the community. The subject premises are in the DD Downtown District (Appendix A). The adjacent portion of the Granville Mall is developed with entertainment uses, such as theatres, arcades, retail stores and restaurants. The closest residential accommodation is the Gresham Hotel, located approximately 80 feet west of the subject premises. The area to the south and east is undergoing redevelopment to high density residential uses. Within the survey area are the New Continental Hotel, Helmcken House and the Gresham Hotel, all subsidized residential facilities. Also within the survey area are three Class A Pubs (699 seats), seven Class A Lounges (647 seats), nine Class C Cabarets (2471 seats), with the closest government liquor store located at 1120 Alberni Street. COMMENTS The Police Department has no specific concerns regarding this application as it appears it meets the Policing Strategy for the Theatre Row Entertainment District. Recent information regarding the intended use of the Commodore as a 900-seat cabaret with mostly taped music will severely tax resources in this district. The Environmental Health Division of the Health Board notes the possibility of noise complaints from the residences at 936 and 1006 Granville and the top floors of 716 Smithe Street, which face Granville Street. The Planning Department has reviewed this application and notes that this site is located in the "Downtown South" portion of the (DD) Downtown Zoning District. Any proposal for a change of use to Neighbourhood Public House would require the submission of a development permit application. The review process for an application of this type would include an assessment of the expected impact on nearby residential uses. Further, while this type of use may be consistent with a Theatre Row Entertainment District, any development permit application would also be assessed against the City Council approved Granville Street(Downtown South Guidelines). The Social Planning Department and Housing Centre point out that the pub is located across the street from the Gresham Hotel, which is a 40-unit, single-room occupancy facility. It will be important that the pub be constructed, operated and managed to minimize the effects of noise and closing time street activities on the tenants. CONCLUSION This application meets the intent of the Theatre Row Entertainment Policy and addresses the Policing Strategy issues identified for this area. Council should be aware that approving one or two Class D Neighbourhood Pub applications at this time may preclude some other applications for the 900 block of Granville Street. * * * * SUPPORTS ITEM NO. 5 VLLC JULY 24, 1997 ADMINISTRATIVE REPORT Date: July 8, 1997 File: 952 Granville St. C.C. File No.: 2615-2 TO: Vancouver Liquor Licensing Commission FROM: Chief License Inspector SUBJECT: Inc.952 Granville Street - Class D Neighbourhood Pub Gilligan's Entertainment CONSIDERATION A. THAT the Vancouver Liquor Licensing Commission endorse the request by Gilligan's Entertainment Inc. for a 65-seat Class D Neighbourhood Pub, (plus a possible 20-seat patio on private property and subject to the patio closing at 10:00 p.m.) at 952 Granville Street, having considered the opinion of the area residents and business operators as determined through the neighbourhood notification process; or B. THAT the Vancouver Liquor Licensing Commission advise the Liquor Control and Licensing Branch it does not endorse the application by Gilligan's Entertainment Inc. for a 65-seat Class D Neighbourhood Pub (plus a possible 20-seat patio on private property and subject to the patio closing at 10:00 p.m.) at 952 Granville Street, having considered the opinion of residents and business operators as determined through the neighbourhood notification process. GENERAL MANAGER'S COMMENTS The General Manager of Community Services submits the choice of A or B for CONSIDERATION. COUNCIL POLICY On June 19, 1997, Council approved the following: A. That the 700, 800 and 900 Blocks of Granville Street be designated as the Theatre Row Entertainment District and that the Director of Central Area Planning, in consultation with the Director of Legal Services, report back with appropriate amendments to the Downtown Official Development Plan, and other relevant bylaw and policy documents to encourage a variety of entertainment uses and activities. B. THAT allowances be made in principle for a combined total of up to 1,000 Class A (Hotel Pub or Lounge), Class C (Cabaret) and Class D (Neighbourhood Pub) liquor licensed seats on Theatre Row, consistent with the Theatre Row Policing Strategy and generally distributed as follows: 1. 700 Block of Granville - two cabarets, or one cabaret and two neighbourhood pubs, or one cabaret and one hotel pub and/or lounge and one neighbourhood pub. 2. 800 Block of Granville - two neighbourhood pubs, or one hotel pub and/or lounge and a neighbourhood pub, or possible consideration of a cabaret on the west side of Granville and one neighbourhood pub. 3. 900 Block of Granville - two cabarets and two neighbourhood pubs, or one cabaret and three neighbourhood pubs, or one cabaret, two neighbourhood pubs and one hotel pub/lounge. C. THAT the Chief License Inspector brings forward to the July Vancouver Liquor Licensing Commission meeting applications for Class D Neighbourhood Pubs at 900 and 952 Granville Street. PURPOSE Gilligan's Entertainment Inc. is requesting a Council resolution endorsing its request for a Class D Neighbourhood Pub at 952 Granville Street. BACKGROUND In May 1992, Council established an interim liquor licensing policy that new licensed seats or extensions of hours not be permitted in Downtown South, pending a liquor license review and a report back on future policy for this area. This review has been completed and was endorsed by Council on June 19, 1997. In March 1995, Gilligan's Entertainment applied for a Class D Neighbourhood Pub. On June 7, 1995, the Vancouver Liquor Licensing Commission was advised that the applicant had withdrawn the application in light of the moratorium in the Downtown South area. DISCUSSION This application is for a 65-seat Class D Neighbourhood Pub, with a possible 20-seat patio, combined with a restaurant fronting on Granville Street. The proposed hours of operation are 11:00 a.m. to 12:00 midnight seven days a week. The applicant has agreed to conform with the following recommendations of the Theatre Row Liquor Licensing Policy: - minimize noise and line up impacts; - install non-breakable glass for ground-floor storefronts; - provide active street-front daytime retail or services for the interest and enjoyment of pedestrians; - operate video cameras to adjacent sidewalks and lanes; - provide adequate lighting in the lanes; - provide only services and emergency accesses to and from the lanes; - work with staff, local merchants and property owners to improve the cleanliness and reduce the amount of graffiti and litter on the street, lanes and adjacent properties; - development of a new building, designed to enhance Theatre Row's historic character; - add to the variety of entertainment opportunities needed to ensure the success and vitality of Theatre Row as an entertainment district, and work with Theatre Row business people, Barwatch and other groups in the area to revitalize Granville Street; - monitor the balance of entertainment and shopping requirements of the community. The subject premises are located on the Granville Mall and are in the DD Downtown District (Appendix A). The adjacent portion of the Granville Mall is developed with entertainment uses, such as theatres, arcades, retail stores and restaurants. The closest residential accommodation is the Siesta Hotel, located approximately 50 feet north of the subject premises. The area to the south and east is undergoing redevelopment to high density residential uses. Within the survey area are the New Continental Hotel, Brooklyn Court, Helmcken House and the Gresham Hotel, all subsidized residential facilities. Also within the survey area are three Class A Pubs (699 seats), seven Class A Lounges (647 seats) and nine Class C Cabarets (2471 seats) with the closest liquor store located at 1120 Alberni Street. COMMENTS The Police Department has no specific concerns regarding this application as it appears it meets the Policing Strategy for the Theatre Row Entertainment District. Recent information regarding the intended use of the Commodore as a 900 seat cabaret with mostly taped music will severely tax resources in this district. The Environmental Health Division of the Health Board notes the possibility of noise complaints from the residences at 936 and 1006 Granville and the top floors of 716 Smithe Street, which face Granville Street. The Planning Department has reviewed this application and notes that this site is located in the "Downtown South" portion of the (DD) Downtown Zoning District. Any proposal for a change of use to Neighbourhood Public House would require the submission of a development permit application. The review process for an application of this type would include an assessment of the expected impact on nearby residential uses. Further, while this type of use may be consistent with a Theatre Row Entertainment District, any development permit application would also be assessed against the City Council approved Granville Street (Downtown South Guidelines). The Social Planning Department and Housing Centre point out that this pub is located across the street from the Gresham Hotel, which is a 40-unit, single-room occupancy facility owned and operated by the City. It will be important that the pub be constructed, operated and managed to minimize the effects of noise and closing time street activities on the tenants. CONCLUSION This application meets the intent of the Theatre Row Entertainment Policy and addresses the Policing Strategy issues identified for this area. Council should be aware that approving one or two Class D Neighbourhood Pub applications at this time may preclude some other applications for the 900 block of Granville Street. * * * *