ADMINISTRATIVE REPORT

Date: May 25, 1999
Author/Local:Guy Gusdal/6461
RTS No. 0669

CC File No. 2613-13

VLLC: June 17, 1999

TO:	Vancouver Liquor Licensing Commission
FROM:	Chief License Inspector
SUBJECT:	911 Denman Street - Mohammad Kashani Restaurant-Class 2

RECOMMENDATION

THAT Council advise the Liquor Control and Licensing Branch it does not support the request by Mohammad Kashani for a 150-seat Restaurant-Class 2 at 911 Denman Street.

A/GENERAL MANAGER’S COMMENTS

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

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 operations.

A new Restaurant-Class 2 should not be located abutting a residential use, R district, school, church or community centre.

PURPOSE

Mohammad Kashani is requesting a Council resolution endorsing his request for a 150-seat Restaurant-Class 2 liquor license at 911 Denman Street.

BACKGROUND

The proposed Restaurant-Class 2 will be located on the second floor of this recently renovated heritage building which had been a neighbourhood movie theatre.

The applicant intends to follow design detail in keeping with the building’s heritage period, and will incorporate aged wood and recycled timber with contemporary materials and finishes to reflect an informal, comfortable dining atmosphere which will appeal to West End residents and tourists.

The restaurant will serve a North American style breakfast between 7:00 a.m. and 11:00 a.m., followed by lunch from 12:00 noon until 3:00 p.m., and dinner from 4:00 p.m. until 12:00 midnight. Live ambient music, including light jazz, is proposed four days a week, most likely from Wednesday to Saturday, to entertain dining patrons.

The premises are located in the C-5 (Commercial West End) zoning district and the area is a mixture of high and low-rise residential, 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), one Class ‘C’ Cabaret (currently 82 seats but the subject of a separate report requesting an increase in seating), two Class ‘A’ Lounges (436 seats) and 30 licensed restaurants in the survey area. The closest provincial government liquor store is at 1716 Robson Street.

DISCUSSION

The proposed site directly abuts a residential building on the west side. The applicant proposes light jazz live entertainment in conjunction with other styles of ambient music for dining patrons. This type of music and the proposed light volume level are unlikely to cause disturbances to the surrounding residential units if proper acoustical renovations are implemented to deal with any possible noise transference.

Staff notes the difficulties in limiting the type of entertainment in an establishment once the approval has been granted. Staff suggests that the combination of a time-limited development permit and a legal agreement would provide sufficient control over the business, but if the style of entertainment changes in the future, this facility may negatively impact on the surrounding community.

COMMENTS

The Police Department has no concerns with this application.

The Environmental Health Division of the Vancouver-Richmond Health Board advises that in light of the proposal for live music and cabaret style entertainment, a noise impact study will be required. An acoustical consultant’s report will be helpful in this report.

The Planning Department advises that this site is a Municipally Designated Heritage ‘C’ building. A development permit was issued on October 22, 1997 permitting retail and financial institution uses on the first floor and Restaurant-Class 1 and office uses on the second floor. Restaurant-Class 2 is listed as a “conditional” approval use in the C-5 and C-6 Districts Schedule, having particular regard to parking, vehicular circulation compatibility with surrounding uses and noise control. A development permit would be required for a change of use to provide a Restaurant-Class 2.

It should be noted that the site immediately adjacent to the west is zoned residential (RM-5B) and contains a residential (multiple dwelling) building. The surrounding area to the west is also zoned residential (RM-5B). The site across Denman Street to the east, spans from Haro Street to Barclay Street, is zoned residential (RM-5A) and contains a school and community centre. In accordance with the Cabaret and Restaurant Guidelines adopted by Council on August 9 and October 4, 1998, a new Restaurant-Class 2 development should not be located abutting, with or without the intervention of a street or lane, a residential use, R district school, church, community centre, hospital or other institutional building where activities may take place in the evening.

Based on the foregoing, the Planning Department is not able to support the proposed Restaurant-C2 at this location.

Central Area Planning reports that this Restaurant-Class 2 is proposed in close proximity to several apartment buildings. The Co-Director of Planning advises that it will likely impact on the livability of the neighbourhood due to its location on the second floor of a commercial building and the type of entertainment that is sometimes offered in these types of venues.

The Social Planning Department has no objection, subject to the appropriate noise control provisions for amplified music.

The Housing Centre has no comments.

The Vancouver School Board was advised of the application, but no comments were received.

CONCLUSION

This type of facility generally has little neighbourhood impact, due to the fact that Liquor Control and Licensing Branch regulations require that the entertainment cease at 12:00 midnight. In this case there is a significant amount of residential in close proximity, a residential building abutting the rear of the site and a school and community centre directly across the street. For this reason, the Chief License Inspector recommends that this application not be endorsed

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(c) 1998 City of Vancouver