ADMINISTRATIVE REPORT
Date: August 24, 1999
Author/Local:Guy Gusdal (6461)
RTS No. 810CC File No. 2612-1
VLLC: September 16, 1999
TO:
Vancouver Liquor Licensing Commission
FROM:
Chief License Inspector
SUBJECT:
50 West Cordova Street - Hildon Hotel
Change in Hours of Operation in Class A PubRECOMMENDATION
THAT the Vancouver Liquor Licensing Commission advise the Liquor Control and Licensing Branch it does not endorse the application by Newton Investments Ltd. for a change in hours of operation in the Class A Pub at the Hildon Hotel, 50 West Cordova Street.
GENERAL MANAGERS COMMENTS
The General Manager of Community Services RECOMMENDS approval of the foregoing.
COUNCIL POLICY
On November 6, 1990, Council approved a recommendation that no new liquor licenses or amendments to existing licenses to increase seating capacity or extend hours of sale (except Restaurant - Class 1) be permitted in the Downtown Eastside or Gastown areas.
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
Newton Investments Ltd., is requesting a Council resolution endorsing their request for a change in hours of operation in the Class A Pub at the Hildon Hotel, 50 West Cordova Street from: 9:00 a.m.until 11:00 p.m. Monday to Saturday and 11:00 a.m. until 11:00 p.m. on Sunday to 10:30 a.m. until 12:00 midnight seven days a week.
BACKGROUND
Newton Investments Ltd., which is a related company of the Army & Navy, has been operating the Class A Pub since 1989. In 1997, structural problems were identified and extensive renovations to the ground floor of the hotel and pub were completed. Along with the preservation of the structure, substantial improvements were also made to five floors of rented rooms.
The applicant advises that as the neighbourhood changes and since the pub has been upgraded, it now attracts a different type of clientele from prior to the renovations.
Although an opening time of 10:30 a.m. is requested, the pub may in fact not open until 11:00 a.m. or 11:30 a.m., to reflect the service requirements of the changing clientele. The applicant suggests that with the later closing at the 50 Bourbon Street Pub, patrons may end their evening activities at 12:00 midnight, whereas the 11:00 p.m. closing encourages them to continue on to restaurants and clubs in the area that are open to a much later time.
The present seating capacity is 150, which is 55 seats less than the former license for 205.
The fire occupant capacity is 275 seats.The Hildon Hotel is located in the HA-2 (Historic Gastown) zoning area. The surrounding area is a mixture of retail, office, residential, low-income housing, cabaret, hotel, public house and restaurant uses (Appendix A).
Within the survey area there is 14 Class A Pubs (2146 seats), one Class A Lounge (45 seats), nine Class C Cabarets (1821 seats) and approximately 28 licensed restaurants. The closest provincial liquor store is located at Harbour Centre, 555 West Hastings Street.
DISCUSSION
Newton Investments Ltd., is fully aware of Councils policy on the Downtown Eastside and Gastown area.
The applicant advises the pub will likely open at 11:00 or 11:30 a.m. rather than the requested 10:30 a.m. Staff suggests this offer not be considered in the Commissions decision as it is not enforceable at either a municipal or provincial level. The proposal is that the total hours of service per week will be reduced by two hours (a half-hour less a day from Monday through Saturday), but increased by one hour on Sunday for a net reduction of two hours per week. However, the loss of a half-hour service each morning six days a week does not provide adequate compensation in terms of City resources for the additional hour of service at the end of the day, seven days a week.
Staff acknowledges that a few patrons may be inclined to conclude their evening if the pub closes an hour later at 12:00 midnight, but conclude that a significant number will continue on to other licensed establishments. There are at least nine other establishments within a 1000-foot radius of the Hildon Hotel with closing times two hours later.
Changing the hours of operation to provide later closing will only result in one hour less per night, Monday through Saturday, for police to deal with the problems associated with patron dispersal from this pub to other later closing licensed establishments. On Sunday, the existing hours of operation result in earlier dispersal from the Hildon Hotel, compared to other establishments in the area. This differential in closing time is beneficial in helping to mitigate the problems with closing time in Gastown.
Staff feels that another important consideration for not approving this application is the potential changes to the liquor licensing regulations that will affect this pub and greatly impact on the Gastown neighbourhood. This establishment has a fire capacity of 275 and the liquor license capacity is 150, resulting in a difference of 125-seats. If the proposed changes to the liquor regulations affecting increased seating capacity for existing establishments are approved and implemented, as the consultant recommended, then this establishment would be eligible to increase their liquor license capacity by 75-seats from 150 to 225.
Should the application be endorsed, it is conceivable that over the next 12 to 24 months, the Hildon Hotel could receive both an increase in seating capacity and a change in hours of operation, permitting a later closing time in the Downtown Eastsideand Gastown area of the City where, since November 1990, Council policy has been to limit or reduce seating capacity, hours of operation and have no new licenses (except restaurants). There are 25 licensed establishments, not including restaurants, making a total of 4,161 licensed seats in the survey area.
Should the Commission consider endorsing this application, staff recommends that the decision be deferred until such time as the entire Council policy for the Downtown Eastside and Gastown areas be thoroughly reviewed.
COMMENTS
The Police Department does not endorse the application for the following reasons:
City policy states that no new liquor licenses or amendments to existing licenses to ...extend hours of sale...be permitted in the Downtown Eastside or Gastown areas.
The consultant, Mr. Coates, states in his letter that any agreement to extend the hours for this facility might set a precedent for the Cambie. The Police Department is continually dealing with persons in the Downtown Eastside and Gastown areas who are under the influence of alcohol. Requests have been made to alter City policy and the Department does not endorse any of them. If the Department was to support this application, it would definitely set a precedent for the Cambie Hotel or any other licensed premise wishing to amend its liquor license.
The Planning Department notes that this site is located in the HA-2 District (Gastown Historic Area. Records indicate this building is currently approved as a hotel. As noted in the Liquor Licensing Policies and Procedures adopted by City Council on October 16 and November 6, 1990, no new liquor licenses or amendments to existing licenses to increase seating capacity or extend hours of sale (except Restaurant-Class 1 "B license) be permitted in the Downtown Eastside or Gastown.
The Environmental Health Division of the Vancouver/Richmond Health Board has no particular health concerns but does not support the application because of the moratorium in the area.
The Social Planning Department does not support the application. The pub is located close to 36 Blood Alley (GVHC housing) and also market residential apartments and could add to the noise impact.
The Housing Centre does not support the application based on Council policy that no extension to hours be permitted in the Downtown Eastside or Gastown.
If Council does intend to extend the hours, it is recommended that a community benefit be provided. For example, the rents of the housing above could be maintained at levels affordable to low-income people, similar to the arrangement made with the Siesta Hotel on Granville Street.
CONCLUSION
Given existing Council policy, potential changes to the liquor regulations and comments from other departments objecting to the proposal, staff recommends the application not be endorsed.
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(c) 1998 City of Vancouver