ADMINISTRATIVE REPORT
Date: April 2, 1998
Author/Local: Guy Gusdal /6461
CC File No. 2614-9
TO: Vancouver Liquor Licensing Commission FROM: Chief License Inspector SUBJECT: 881 Granville Street - 354401 B.C. Ltd., Evia Enterprises Ltd.
and Shaggy Horse Cabaret Inc. - Class `C' CabaretRECOMMENDATION
THAT Vancouver City Council endorse the request from 354401 B.C. Ltd., Evia Enterprises Ltd. and Shaggy Horse Cabaret Inc., for a Class `C' Cabaret with 275 seats at 881 Granville Street, having considered that the majority of area residents and businesses are in favour of this application. The Council also considered the proximity of other social facilities and public buildings, traffic impacts on existing and future residential, the appearance and overall design of the building and compliance with the plan for the area which has been designated as the Theatre Row Entertainment District;
FURTHER THAT this proposal is subject to the following conditions:
i. The development permits for this use are restricted to a renewable four-month time limit.
ii. Before the issuance of the business license the applicant sign a "good neighbour" agreement with the City.
iii. A legal agreement with the City for the relocation or closure of the Red Door Cabaret , 818 Richards Street (150 seats) and the Palladium Cabaret (formerly Graceland) 1250 Richards Street (225 seats) to the satisfaction of the Director of Legal Services, the Chief License Inspector and the Director of Central Area Planning.
GENERAL MANAGER'S COMMENTS
The General Manager of Community Services RECOMMENDS approval of the foregoing.
COUNCIL POLICY
On June 19, 1997, Council established the Theatre Row Entertainment District with the possibility of the addition of up to 1,000 licensed seats in the 700, 800 and 900 Blocks of Granville Street. The seats would be added through the creation of new Class `D' Neighbourhood Pubs and Class `C' Cabarets or the relocation of existing licensed seats from nearby residential areas.
That only proposals for Class `A', `C' or `D' liquor licenses which result in a reduction of seats in the residential areas in or near Downtown South be considered for the Theatre Row Entertainment District until December 1998, except small lounges associated with new hotels, and that these small lounges be excluded from the 1,000 seats identified for Theatre Row.
That all applications for new licensed seats in the 700 to 1300 Blocks of Granville Street, including Theatre Row, be referred to the Chief of Police, General Manager of Engineering Services, Chief License Inspector and Director of Central Area Planning to ensure that on an ongoing basis licensed establishments:
1. Meet the location requirements of the Policing Strategy.
2. Provide a business plan demonstrating financial viability and sound management experience related to a liquor licensed establishment.
3. Minimize noise and line up impacts.
4. Install non-breakable glass for ground floor storefronts and, if chosen, retractable non solid grilles.
5. Provide active street front daytime retail or services on Granville for the interest and enjoyment of pedestrians.
6. Operate video cameras to provide surveillance of adjacent sidewalks and lanes.
7. Provide adequate lighting in the lanes.
8. Provide only servicing and emergency access to and from the lanes.
9. 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.
PURPOSE
354401 B.C. Inc., Evia Enterprises Ltd. and Shaggy Horse Cabaret Inc., are requesting a Council resolution requesting the transfer of the Class `C' Cabaret liquor license from the Red Club Cabaret, 818 Richards Street (150 seats) and the Palladium Cabaret (formerly Graceland), 1250 Richards Street (225 seats) to 881 Granville Street.
BACKGROUND
Between 1993 and 1996, Council appointed a task force which reviewed the issues and opportunities related to liquor licensing in the Downtown. One of the initiatives Council approved were ways to encourage the relocation of existing cabarets from residential to commercial areas.
The proposed location at 881 Granville Street is presently occupied by the Plaza Theatre. The relocation involves the Red Club Cabaret, 818 Richards Street, which will cease operation at this location as the City has purchased the property and intends to demolish the premises, and the Palladium Cabaret, 1250 Richards Street, where the lease expires in July 2001. Currently the Red Club Cabaret has a seating capacity of 150 and the Palladium 225. The application is for a seating capacity of 275, resulting in a reduction of 100 seats.
Dennis Coates, Q.C., who is acting on behalf of the applicants, advises the intention is to have the Red Club Cabaret license transferred to 881 Granville Street, or, alternatively and subject to the direction of the Liquor Control and Licensing Branch, issue a new cabaret license simultaneous with the surrender of the license issued to the Red Club Cabaret, 818 Richards Street. In addition, on expiry of the Palladium Cabaret lease at 1250 Richards Street in July 2001, this cabaret would cease to operate, the license would be surrendered and the two five-year options to renew the lease would not be invoked.
The lease for the Palladium Cabaret location has two five-year renewals, and unless an alternative is found, could continue at 1250 Richards Street for another 13 years. The applicants have not yet discussed this proposal with the present property owners of 1250 Richards Street, and do not intend to until all approvals are in place. But the applicant can advise that any subsequent use as licensed premises would require approval by the City of Vancouver.
The hours of operation would be 7:00 p.m. to 2:00 a.m. Monday to Saturday and 7:00 p.m. to 12:00 midnight on Sunday.
Within the survey area are retail, residential, office, cabaret, restaurant, billiard hall, hotel, social housing and theatre uses.
The closest Provincial Government liquor store is located at 1120 Alberni Street. Also within the survey area are three Class `A' Pubs (669 seats), seven Class `A' Lounges (647 seats), nine Class `C' Cabarets (2,471 seats) and approximately 27 licensed restaurants.
DISCUSSION
This is the first application to propose a relocation of seats from the residential area of Downtown South, a primary objective of the Theatre Row Entertainment District initiative. The legal agreements to accomplish the transfer or closure of the existing cabarets with the opening of the proposed cabaret have not yet been devised. This agreement would require consultation with the City's Legal Services, the Chief License Inspector, the Liquor Control and Licensing Branch and the applicants. The applicants have stated that they recognize that working out these details may take a significant amount of time, but are willing to secure their option on the lease if they can get Council's endorsement for the proposal.
Potential applicants for Theatre Row have had a difficult time locating an owner of a cabaret in the residential area who is willing to sell the seats while at the same time finding a building to lease on Granville Street. In this case, the cabaret at 818 Richards Street will be closing at some point. In addition, the cabaret at 1250 Richards Street will continue to operate for up to two years after the opening of 881 Granville Street. Staff feel that this is a worthwhile short-term trade-off for a long-term solution.
A letter of assurance has been submitted stating that Council policy concerning policing and security issues for new licenses in the Theatre Row Entertainment District will be complied with by the applicants.
COMMENTS
The Police Department advises that staff and management of the Red Door Cabaret and the Palladium Cabaret have been cooperative with the department, and there is no objection to the application.
The Planning Department's review of the application shows the subject site located within the Downtown (DD) zoning districts. A cabaret is listed as a "conditional" approval use in the DD Official Development Plan (DD ODP). In accordance with Section 2 Retail Continuity of the DD ODP, Granville Street would require continuous ground floor retail, retail-commercial and service uses. Any proposal to change the use from a theatre to provide a cabaret would require a development application.
As part of the review process, staff would include an assessment of the anticipated impacts on nearby sites. As well, an application of this type would be reviewed in accordance with the provisions of the Cabaret and Restaurant Guidelines adopted by City Council on August 9 and October 4, 1988 and the Theatre Row Liquor Licensing Policy adopted by Council on June 19, 1997.
The Director of Central Area Planning supports the approval of the cabaret at 881 Granville Street. The proposed development is permitted by zoning and it also responds to Council's policies by relocating cabarets currently operating in the Downtown South residential area. This relocation will reduce the negative impacts on the livability of adjacent housing.
The Environmental Health Division of the Vancouver Health Board feels the impact on the community would be minimal.
The Social Planning Department supports the application.
The Housing Centre supports the application which is consistent with the Theatre Row Liquor Licensing Policy.
CONCLUSION
Staff recommends this application be endorsed subject to a time-limited development permit and a legal agreement for the relocation/closure of the two cabarets in Downtown South. This application achieves one of the primary initiatives of the Theatre Row Entertainment
District report to relocate licensed seats out of Downtown South.The results of the neighbourhood notification process will be provided to the Commission at its meeting.
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