ADMINISTRATIVE REPORT

Date: May 25, 1999
Author/Local:Guy Gusdal(6461)
RTS No. 664

CC File No. 2614-14

VLLC: June 17, 1999

TO:	Vancouver Liquor Licensing Commission
FROM:	Chief License Inspector
SUBJECT:	860 Denman Street - Denman Station Cabaret Increase in Seating Capacity

RECOMMENDATION

A. THAT Council defer the request by Hawes Enterprises Ltd., for an increase in seating capacity to 149 from 82 in the Class ‘C’ Cabaret at Denman Station Cabaret, 860 Denman Street, until such time as the proposed changes to the provincial liquor regulations are in place.

B. THAT Council instruct the Chief License Inspector to authorize special event licenses up to 140 seats for Friday and Saturday until this issue is resolved.

A/GENERAL MANAGER’S COMMENTS

The Acting General Manager of Community Services RECOMMENDS approval of A and B.

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.

For existing Class ‘A’ Lounge/Pub, Class ‘C’ Cabaret or Class ‘D’ Neighbourhood Pub licensed establishments seeking extended hours or seating, Council has endorsed a process of requiring a time-limited development permit or a separate legal agreement outlining conditions of operation.

PURPOSE

Hawes Enterprises Ltd., is requesting a Council resolution endorsing their request for an increase in seating capacity to149 from 82 in the Class ‘C’ Cabaret at Denman Station Cabaret, 860 Denman Street.

BACKGROUND

The Denman Station Cabaret has been in operation since approximately 1988. The fire capacity for the cabaret is 149 seats and, therefore, the applicant is requesting an increase of 67. This increase in capacity would not involve an expansion of the existing licensed areas.

The premises are located in the C-5 (Commercial West End) zoning district and the area is a mixture of high-rise residential apartments, retail, restaurant and hotel uses. The West End Community Centre, Joe Fortes Library, King George High School and Lord Roberts Elementary School are also in the notification area.

There is one Class ‘D’ Neighbourhood Pub (100 seats), two Class ‘A’ Lounges (436 seats) and 30 licensed restaurants in the survey area. The closest provincial government liquor store is at 1716 Robson.

DISCUSSION
The applicant has indicated willingness to sign a Good Neighbour Agreement as a requirement to extend by 30 minutes the establishment’s closing tolerance period to 3:00 a.m., but as of this report, the signed agreement has not been returned to the Permits & Licenses Department.

The applicant has a well-run establishment that has not, to the staff’s knowledge, adversely affected the surrounding residential neighbours. The results of the neighbourhood notification should confirm or deny this statement.

It should be noted that the applicants’ request, allowing the operator to expand to the existing fire capacity, is one of the proposed changes in the liquor review being put forward by Jo Surich, the province’s consultant.

COMMENTS

The Police Department has no concerns with the application. The establishment is well run and most West End residents are not even aware a cabaret exists at that location.

The Environmental Health Division of the Vancouver-Richmond Health Board has inspected the cabaret and has no objection, subject to the installation of one more female water closet.

The Planning Department advises that the existing building is currently approved for animal clinic/retail, restaurant and cabaret uses. The building located immediately adjacent to theeast is a residential (multiple dwelling) building. In accordance with the Cabaret and Restaurant Guidelines adopted by City Council August 9 and October 4, 1998, with respect to existing Class ‘C’ Cabaret license establishments seeking extended hours or seating, Council endorsed a process requiring the holder of the existing development permit to relinquish that permit and apply for a time-limited permit. Further, any increase in seating capacity of existing cabarets is discouraged where they are adjacent to residential uses.

Based on the foregoing, the Planning Department is not able to support an increase in seating capacity for this existing cabaret.

Central Area Planning advises that although the policy guidelines do not support the proximity of residential and a cabaret, this cabaret is a special case and has a low impact on the surrounding neighbourhood due to its location in the basement of a building. For this reason, the Co-Director of Planning recommends that the Commission positively view the proposal to increase its licensed capacity. Council may want to consider granting the increase in capacity on an interim basis, pending forthcoming changes to provincial liquor license regulations.

The Social Planning Department and Housing Centre have no objections.

The School Board was advised of the application, but no comments have been received.

CONCLUSION

Staff acknowledges that the operator runs a good establishment, but suggests that given the provincial liquor review currently in process, the application not be endorsed at this particular time.

Changes to the provincial regulations could have significant impacts on residential areas such as along Denman Street. In the interim period, increased capacity can be achieved through the special event process.

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(c) 1998 City of Vancouver