ADMINISTRATIVE REPORT

Date: June 30, 2000
Author/Local: Guy Gusdal/6461
RTS No. 1565
CC File No. 2615-20

P&E: July 27, 2000

TO:	Standing Committee on Planning & Environment
FROM:	Chief License Inspector
SUBJECT:	1167 Davie Street - Application for Class ‘D’ Neighbourhood Pub Doll and Penny’s Café Ltd.

RECOMMENDATION

A. THAT Council, having considered that the majority of area residents and business operators of the community are in favour of the application as determined by neighbourhood notification and public meeting and having considered the proximity of residential developments, traffic patterns, road access, availability of parking, noise impacts and the overall design, endorse the application by Doll and Penny’s Café Ltd., for a 65-seat with 20-seat patio Class ‘D’ Neighbourhood Pub at 1167 Davie Street, subject to:

i) A Time-Limited Development Permit.

ii) A signed Operating Agreement for a new establishment which will include a provision to hold the seating capacity to current numbers, regardless of any changes to the seating capacity regulations as a result of the Provincial Liquor License Regulations review.

iii) The signing of a Good Neighbour Agreement prior to the issuance of a Business License.

iv) Hours of operation limited to 10:00 a.m. to 12:00 midnight Sunday to Thursday and 11:00 a.m. to 1:00 a.m. Friday and Saturday.

v. The patio closing at 11:00 p.m.

GENERAL MANAGER’S COMMENTS

The General Manger of Community Services RECOMMENDS approval of the foregoing.

COUNCIL POLICY

On May 18, 2000 Council adopted the West End Licensing Policy, which included:

THAT allowance be made for up to seven additional Class ‘D’ Neighbourhood Pubs in two phases. Phase one: 2000 - mid 2002 (four pubs). Phase two: Mid 2002 - 2004 (three pubs), generally distributed and phased as follows:

Davie Village

· 1000 block Davie Street. Phase one: One neighbourhood pub with up to 65 seats and 20 patio seats.

· 1100 block Davie Street. Phase one: One neighbourhood pub with up to 65 seats and 20 patio seats. Phase two: One neighbourhood pub with up to 40 seats and 10 patio seats.

· 1200 block Davie Street. Phase One: One neighbourhood pub with up to 40 seats and 10 patio seats. Phase two: One neighbourhood pub with up to 40 seats and 10 patio seats;

and in addition, the opportunity for one Restaurant-Class 2 in the Davie Street Village (1000-1200 block) with up to 100 seats and 20 patio seats.

PURPOSE

Doll and Penny’s Café Ltd., are requesting a Council resolution endorsing their application for a 65-seat with 20-seat patio Class ‘D’ Neighbourhood Pub at 1167 Davie Street.

BACKGROUND

Doll and Penny’s Café Ltd., has operated a Restaurant - Class 1 at this location since 1994. The proposed neighbourhood pub would replace the existing restaurant and feature typical pub style entertainment, including television monitors and background music. From time-to-time there would be small-scale live musical entertainment.

The applicants are requesting that the hours of operation be Sunday to Wednesday 11:00 a.m. to 12:00 midnight and Thursday to Saturday 11:00 a.m. to 1:00 a.m. However, Liquor Control & Licensing Branch Policy regulates the closing time to 12:00 midnight Monday to Thursday, although the licensee may apply in writing for an extension to 1:00 a.m. on Friday and Saturday nights only.

Neighbourhood pubs of this size typically do not create policing issues relative to other primarily liquor service establishments. The proposed pub will not meet the Liquor Control and Licensing branch one mile proximity requirement. However, relaxation of this requirement is at the discretion of the General Manager, Liquor Control and Licensing Branch.

The subject premises are located in a C-5 (West End) zoning district. The surrounding area is a mixture of retail, restaurants, office, institutional, cabaret, hotel and multi-residential uses. There are a significant number of residential apartments in the area (Appendix A). The nearest residential buildings are located north across the lane and directly adjacent to the west side of the site above the commercial units.

There are two Class ‘C’ Cabarets (545 seats), two Class ‘A’ Lounges (131 seats) one Class ‘D’ Neighbourhood Pub (65 seats and 20 seat patio) and 25 licensed restaurants in a 1,000 foot radius. In addition one Class ‘D’ Neighbourhood Pub with 65 seats and 20 seat patio is proceeding through the approval process. The closest provincial government liquor store is located at 1155 Bute Street and there is an estate wine store at 1034 Davie Street.

DISCUSSION

On May 16, 2000, Council endorsed a new liquor license application process which removed the referendum requirements for Class ‘D’ Neighbourhood Pub applications and replaced it with, at a minimum, signage, notification and a public meeting.

RESULTS OF NOTIFICATION

A neighbourhood notification was conducted. 1269 notices were delivered in the notification area (refer to Appendix A) and 23 responses in favour and one objecting, were received.

Staff feels that a public meeting is not necessary for this application as it was on hold pending the West End Liquor Policy Review and was often discussed and supported by residents during the public consultation process.

COMMENTS

The Police Department takes no position with respect to the application provided the number of seats requested are consistent with the allocation envisioned for that block in the West End Liquor Review. Similarly, the hours of operation should be consistent with that review as well as the hours established in other local pubs, specifically the Fountainhead. A final caveat is that the Police Department will support the general wishes of the community regarding the application.

The Planning Department

The Planning Department has reviewed this application and would note that the site is located within the C-5 Zoning District. The existing building on this site is currently approved as Restaurant-Class 1 and retail.

A “Neighbourhood Public House” is listed as a “conditional” approval use in the C-5 and C-6 Districts Schedule, having particular regard to vehicular circulation and compatibility with surrounding uses. Any proposal to change the use to a neighbourhood public house, and outdoor seating ancillary to the neighbourhood public house, would require a development permit application.

As part of the application review, staff would include an assessment of the anticipated impact on neighbouring sites, such as noise and traffic, and in particular the residential sites located across the lane to the rear (south), which is zoned RM-5B (Multiple Dwelling). As well, the review would include an assessment of all applicable provisions of the Parking By-law.

In addition, an application of this type would also be reviewed in accordance with the neighbourhood or Marine Public House Guidelines adopted by City Council on August 9, 1988 and the Liquor Licensing Policies and Procedures adopted by City Council on October 16 and November 9, 1990.

It should be noted that Council recently approved a liquor licensing policy for the allowance of additional neighbourhood public houses in two phases within Davie Village and Denman Village.

The Vancouver/Richmond Health Board has no comment at this time, but may present some at the Committee meeting.

The Social Planning Department has no objection as long as the use of the patio gives the usual consideration to leaving a clear travel path for pedestrians and people who use mobility aids.

The Housing Centre supports the application in general since there is a reduction of hours. However, there are five non-market housing units in a two-block radius, two of them for seniors. The impact of late night noise should be monitored.

CONCLUSION

The application is for a 65-seat and 20-seat patio Class ‘D’ Neighbourhood Pub, which meets Davie Street area zoning requirements. There is a significant amount of residential in close proximity to the proposed site, and community impact issues may be compounded by the number of liquor premises in the area. Small neighbourhood pubs generally do not raise major concerns, but there may be some impacts related to noise, with patron dispersal and the patio identified as areas of concern. Therefore, to mitigate potential impacts from the patio, it is recommended that it close by 11:00 p.m.

Staff recommends that the application be endorsed, subject to the conditions listed.

NOTE FROM CLERK: Appendix A not available in electronic form - on file in the Office of the City Clerk.

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(c) 1998 City of Vancouver