ADMINISTRATIVE REPORT

Date: May 22, 1998

Author/Local: Guy Gusdal/6461

CC File No. 2613-8

TO:	Vancouver Liquor Licensing Commission
FROM:	Chief License Inspector
SUBJECT:	3560 Fraser Street - Restaurant-Class 2 Durham Developments Ltd.

CONSIDERATION

A.THAT Council endorse the application by Durham Developments Ltd., for a Restaurant-Class 2 at the Charming Chinese Seafood Restaurant, 3560 Fraser Street, having considered the support of residents and business operators of the community as determined by neighbourhood notification and subject to a time-limited development permit; or

B.THAT Council direct that consideration of the request by Durham Developments Ltd., for a Restaurant-Class 2 at the Charming Chinese Seafood Restaurant, 3560 Fraser Street, be subject to the results of a referendum conducted in accordance with existing City guidelines and a time-limited development permit; or

C.THAT Council advise the Liquor Control and Licensing Branch it does not support the application by Durham Developments Ltd., for a Restaurant-Class 2 at the Charming Chinese Seafood Restaurant, 3560 Fraser Street.

GENERAL MANAGER’S COMMENTS

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

COUNCIL POLICY

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

PURPOSE

Durham Developments Ltd., doing business as Charming Chinese Seafood Restaurant, is requesting a Council resolution endorsing their application for a Restaurant-Class 2 at 3560 Fraser Street.

BACKGROUND

Durham Developments Ltd., has held Restaurant-Class 1 and dining lounge business licenses since approximately May 1987 at the Charming Chinese Seafood Restaurant, 3560 Fraser Street. This application is for a Restaurant-Class 2 which would allow amplified music for dancing provided by a three-piece band with up to two other entertainers singing in English and Chinese and featuring dance music from the 1950s to 1970s eras.

The restaurant has an area of 6,840 square feet, seating capacity for 312 and serves Chinese food. It is mandatory with a Restaurant-Class 2 license to cease the entertainment and dancing at 12:00 midnight.

The subject premises are located in C-1 Commercial zoning district and the surrounding area is predominately one and two family dwellings, multiple dwellings, park, retail, school and church uses. The Royal Canadian Legion (No.68) is directly south on East 20th Avenue (Appendix A).

There is one Class ‘A’ Lounge (369 seats) and 13 licensed restaurants in the survey area. The closest Provincial Government liquor store is located at 370 East Broadway (Kingsgate Mall).

DISCUSSION

This type of facility generally has little neighbourhood impact, due to the early closing. Council has endorsed two previous applications without a referendum, subject to the results of a neighbourhood notification and a time-limited development permit.

COMMENTS

The Police Department has no objections, but would like to see a referendum conducted.

The Planning Department advises that any proposal to provide a Restaurant-Class 2, which allows live entertainment, would require a development permit. As part of the review process, staff would include an assessment of the anticipated impact on neighbouring sites,particularly the residential to the east. An application of this type would be reviewed in accordance with the provisions of the Cabaret and Restaurant Guidelines adopted by Council in 1988.

The Environmental Health Division of the Vancouver/Richmond Health Board inspected the premises, and as long as the restaurant management controls the music volume, there is no concern over noise problems.

The Social Planning Department and Housing Centre have no comments.

CONCLUSION

The proposed Restaurant-Class 2 is surrounded by residential uses. While this type of restaurant does not normally have significant policing concerns, it can have a significant impact on the neighbourhood in the form of noise and parking related problems.

Staff recommend that this application be endorsed subject to a time-limited development permit and also subject to the results of a neighbourhood notification, the results of which will be reported at the Vancouver Liquor Licensing Commission.

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(c) 1998 City of Vancouver