ADMINISTRATIVE REPORT

Date: March 31, 1998
Author/Local:Guy Gusdal(6461)
CC File No. 2615-2

TO:	Vancouver Liquor Licensing Commission
FROM:	Chief License Inspector
SUBJECT:	3681 West 4th Avenue - Jericho Pub Inc., (Jeremiah's) Class `D' Neighbourhood Pub - Change of Hours

CONSIDERATION

A. THAT Vancouver City Council, having considered the opinion of residents and business operators of the community as determined by neighbourhood notification, endorse the application by Jericho Pub Inc. for a change of hours on Friday and Saturday to between 11:00 a.m. and 1:00 a.m. in the Class `D' Neighbourhood Pub (Jeremiah's) at 3681 West 4th Avenue, subject to the issuance of a time-limited development permit or legal agreement.

OR

B. THAT Vancouver City Council directs that consideration of the request by Jericho Pub Inc. for a change of hours on Friday and Saturday to between 11:00 a.m. and 1:00 a.m. in the Class `D' Neighbourhood Pub (Jeremiah's) at 3681 West 4th Avenue, subject to the issuance of a time-limited development permit or legal agreement, be subject to the results of a referendum conducted in accordance with existing City guidelines.

GENERAL MANAGER'S COMMENTS

The General Manager of Community Services submits the choice of A or B for CONSIDERATION.

COUNCIL POLICY

Council policy requires that new liquor license applications and amendments to existing licenses be subject to a neighbourhood notification process prior to receiving final consideration and a referendum if the premises are located in close proximity to residential accommodation.

With respect to existing Class `A' Lounge/Pub, Class `C' Cabaret or Class `D' Neighbourhood Pub licensed establishments seeking extended hours or seating, Council endorses a process of requiring the holder of the existing development permit to relinquish that permit and to apply for a time-limited development permit.

PURPOSE

Jericho Pub Inc., is requesting a City Council resolution endorsing its application for a change of hours on Friday and Saturday in the Class 'D' Neighbourhood Pub (Jeremiah's) at 3681 West 4th Avenue. The proposed change of hours are:

From: Monday to Saturday 10:00 a.m. to 12:00 midnight

Sunday 11:00 a.m. to 12:00 midnight

To: Monday to Thursday 10:00 a.m. to 12:00 midnight

Friday and Saturday 11:00 a.m. to 1:00 a.m.
Sunday 11:00 a.m. to 12:00 midnight

BACKGROUND

The subject premises are located in a C-2 (Commercial) zoning district. The surrounding area is a mixture of residential uses, one family dwellings, apartment buildings -- both high-rise and three storey, self-owned and rental -- and a preponderance of multiple dwelling conversion homes. The 4th Avenue section in which the neighbourhood pub is located consists of retail stores and personal service establishments catering to the needs of the immediate neighbourhood. The closest residential occupancy is directly across the lane from the subject site.

Within the survey area is one park, one school and three licensed restaurants (Appendix A). The area is serviced by a government liquor store located at 2083 Alma Street.

DISCUSSION

Jericho Pub Inc., is requesting a change of hours in the Class `D' Neighbourhood Pub at 3681 West 4th Avenue (Jeremiah's) to allow the neighbourhood pub to open and close one hour later on Friday and Saturday. The applicant states that the reason for the change is to better accommodate the community, and feels that patrons will be encouraged to go home upon leaving at 1:00 a.m., as opposed to moving to other establishments.

The applicant also wishes the Commission to note that Jeremiah's Pub has a positive record with the Liquor Control and Licensing Branch and the Police Department and that it is not a source of enforcement problems.

This neighbourhood pub has 65-seats plus a 20-seat patio with entertainment consisting of television monitors and background music. Food service is also provided. In November 1995, Council approved an extension of the closing time on Fridays and Saturdays from 12:00 midnight to 1:00 a.m., subject to the results of a referendum. The applicant has not proceeded with the referendum due to the cost, and has requested that the referendum be waived and has agreed to the issuance of a temporary development permit for the later closing time.

COMMENTS

The Police Department has no objection as the pub is well run and not a source of problems.

The Planning Department has no concerns other than that the proposed change in hours may adversely affect the nearby residential properties across the lane to the north.

The Environmental Health Division of the Health Board has no complaints on file regarding this location for the last five years and, therefore, has no concerns with the extension of hours.

The Social Planning Department does not support this application due to concerns about late night noise impacting on the surrounding community.

The Housing Centre does not support this extension of hours because the possible noise from the pub and patrons leaving at a later hour would affect nearby housing. There is a senior's non-market housing project at 3643 West 5th Avenue, which is in the same block and side of the street as Jeremiah's Pub and single-family houses directly across the lane.

CONCLUSION

Staff is generally in support of this application, subject to the applicant entering into an agreement with the City to establish a time-limited development permit or a legal agreement. There are concerns related to the close proximity of residential and the possible impacts of the later closing time, although the 1995 notification resulted in little opposition from the neighbourhood.

The results of the neighbourhood notification process will be provided to the Commission at its meeting.

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(c) 1998 City of Vancouver