SUPPORTS ITEM NO. 4

VLLC AGENDA

NOVEMBER 13, 1997

ADMINISTRATIVE REPORT

Date: October 21, 1997

File: 608 W Pender

CC File: 2612-3

TO: Vancouver Liquor Licensing Commission

FROM: Chief License Inspector

SUBJECT: 608 West Pender Street - Malone's Sports Bar & Grill

(Clarence Hotel): Change in Hours - Class 'A' Pub

RECOMMENDATION

THAT the Vancouver Liquor Licensing Commission, having considered the opinion of residents and business operators of the community as determined by neighbourhood notification, endorse the application by Trevor Magee and Reid Flemons (Malone's Sports Bar & Grill), for a change in hours in the Class 'A' Pub at 608 West Pender Street to:

Monday to Friday 11:00 a.m. to 1:00 a.m.

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

subject to a renewable Development Permit limited to a time period of four months.

GENERAL MANAGER'S COMMENTS

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

COUNCIL POLICY

Council Policy requires that amendments to an existing liquor license be processed in the same manner as a new liquor license application, except that a referendum is not required to amend an existing Class 'A' license for a full service hotel located within the Downtown core.

PURPOSE

Trevor Magee and Reid Flemons, doing business as Malone's Sports Bar & Grill, are requesting a City Council resolution endorsing their application for a change of hours in the Class 'A' Pub (120 seats) at the Clarence Hotel, 608 West Pender Street.

Current hours of operation:

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

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

Proposed hours of operation:

Monday to Saturday 11:00 a.m. to 1:00 a.m.

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

BACKGROUND

Malone's Sports Bar & Grill was located on Robson Street for four years. Its success necessitated larger quarters and, in October 1995, it leased and moved to the pub in the Clarence Hotel. Renovations have since changed what was one of Downtown's older and less attractive hotels into an upscale establishment.

Malone's has a sports-oriented theme, and the new location attracts patrons from GM Place and B.C. Place, which is within walking distance. As most events in the Downtown area end between 10:30 p.m. and 11:00 p.m., the applicants are requesting a later closing to better accommodate their clientele. It should also be noted that the Niagara, Marble Arch and St. Regis Hotels all have a 1:00 a.m. closing time.

The Clarence Hotel has 38 single occupancy rooms, and the applicant advises that the residents fully support the change of hours.

The subject premises are located in the DD (Downtown) zoning district (Appendix A). The surrounding area is business-oriented, with high-rise office buildings, financial institutions, retail stores at street level and several older long-term residential hotels. The closest residential is located on the upper floors of the Piccadilly Hotel (45 rooms). There is also the Marble Arch Hotel, Niagara Hotel, Park Apartments, St. Clair Hotel and Central City Lodge, all approximately within a one-block radius. Also within the survey area are two religious centres, the YWCA, BCIT Downtown Campus and Simon Fraser Downtown Campus. The closest government liquor store is located at 555 West Hastings Street.

There are seven Class 'A' Pubs (1,568 seats), nine Class 'A' Lounges (2,082 seats), four Class 'C' Cabarets (797 seats), one Class 'D' Neighbourhood Pub (85 seats, which includes the patio) and approximately 31 licensed restaurants in the survey area.

DISCUSSION

In 1996, the Vancouver Liquor Licensing Commission did not endorse similar requests for a change of hours by the Piccadilly Hotel, 620 West Pender Street, and the Marble Arch Hotel, 518 Richards Street. (The Marble Arch Hotel had a 1:00 a.m. closing and was asking for a 1:30 a.m. closing.) This application for Malone’s was considered on February 25, 1997 with the following Council resolution being approved:

THAT Vancouver City Council defer consideration of the request for endorsement of an application for a change of hours for the Class 'A' Pub at Malone’s Sports Bar & Grill (Clarence Hotel), 608 West Pender Street, pending Provincial direction concerning the transfer of authority to roll back hours, or for a period of up to two months.

Staff raised concerns related to future impacts on proposed residential for the Victory Square area as the City nor the Liquor Control and Licensing Branch have the power to roll back hours, should problems arise.

It was anticipated that the Liquor Policy report would be considered by Council within the two-month period, and that this report would address the enforcement issues. Delays in the Liquor Policy report resulted in this application being deferred. The applicant is now very anxious to proceed in order to compete with neighbouring facilities.

COMMENTS

The Police Department does not oppose this application as the premises have not posed any problems from an enforcement point of view.

The Environmental Health Division of the Vancouver Health Board has no concerns other than the possible increase in noise levels.

The Planning Department has concerns about future residential impacts, and notes that this location is in close proximity to the site addressed as 526 - 528 West Hastings, which is zoned CD-1 and, if redeveloped, could include new residential dwelling units.

The Social Planning Department is concerned about the future impacts on proposed residential in the Victory Square area.

The Housing Centre does not support this application because of the increased disruption to the tenants living above the pub and the neighbours.

CONCLUSION

With the liquor enforcement policies in place, it is now possible to proceed with this application on the basis of a temporary Development Permit. This will provide a method to deal with any future enforcement issues, should they arise.

The Police Department does not oppose this application as there are few problems with this premise as there is good management in place. The previous notification did not result in any objections from the neighbourhood or from the residents of the hotel.

Staff recommend that this application be endorsed, subject to the applicant entering into an agreement with the City to establish a temporary Development Permit consistent with Council Policy adopted on June 19, 1997.

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(c) 1997 City of Vancouver