Agenda Index City of Vancouver

ADMINISTRATIVE REPORT

TO:

Vancouver City Council

FROM:

Chief License Inspector

SUBJECT:

3681 West 4th Avenue - Jericho Pub Inc.
Class ‘D’ Neighbourhood Pub - 20-Seat Patio

 

CONSIDERATION

GENERAL MANAGER’S COMMENTS

COUNCIL POLICY

Council policy and practices involve varying procedures including neighbourhood notification, legal agreements (ranging from housing and operating agreements to agreements for the permanent closure or relocation of an existing liquor license), time-limited development permits and referenda, depending on the situation.

Amendments to existing Class ‘D’ Neighbourhood Pubs are subject to a legal agreement, a good neighbour agreement and neighbourhood notification.

PURPOSE

Jericho Pub Inc., is requesting a Council resolution endorsing its application for a 20-seat patio on private property at Jeremiah’s Neighbourhood Pub, 3681 West 4th Avenue.

BACKGROUND

Jeremiah’s Neighbourhood Pub has been in operation since December 1975. In May 1998, Council approved a change of hours on Friday and Saturday. The hours of operation are: 10:00 a.m. to 12:00 midnight Monday to Thursday, 11:00 a.m. to 1:00 a.m. Friday and Saturday and 11:00 a.m. to 12:00 midnight on Sunday. The legal agreement for the change of hours was signed on October 22, 1998. The proposed hours of operation for the patio are 10:00 a.m. to 11:00 p.m. seven days a week. The Permits & Licenses Department has not received any complaints related to the new hours of operation.

The subject premises are located in a C-2 (Commercial) zoning district. The surrounding area is a mixture of residential uses, one family dwellings, apartment buildings -- both high-rise and three storey, self owned and rental -- and a preponderance of multiple dwelling conversion homes. The 4th Avenue section in which the neighbourhood pub is located consists of retail stores and personal service establishments catering to the needs of the immediate neighbourhood. The closest residential occupancy is directly across the lane.

Within the survey area are three licensed restaurants (Appendix A) and the closest government liquor store is located at 2083 Alma Street.

Liquor Control and Licensing Branch policy limits a Class ‘D’ Neighbourhood Pub to a maximum of 14 hours between 9:00 a.m. and 12:00 midnight, Monday to Thursday. Applicants may apply to the Branch for an extension of hours to 1:00 a.m on Friday and Saturday nights only. All types of liquor may be served. The service of food is not required, but must be available. Live entertainment and patron participation games are permitted.

DISCUSSION

Jeremiah’s presently has 101 inside seats approved under the original neighbourhood pub regulations. The proposed patio would be located on a second floor roof deck facing the rear lane and will be accessed via a new stair constructed at the rear of the existing mezzanine. An additional exterior exit stair is to be constructed on the north face of the building.

The applicant has had a report completed by an acoustical engineer. This report reviews construction details of the patio, particularly with respect to the potential for noise being radiated to the residential area across the lane to the north. The acoustical engineer refers to “recorded light background music” being provided on the patio. However, License Bylaw No. 4450 does not permit sound amplification equipment on a building exterior. Therefore, only patron noise should emanate from the patio.

Planning Department policy is to issue a one year time-limited development permit for outdoor patio seating on private property in order to assess potential impacts. Temporary development permits work well in these situations when the request is limited to an extension of the existing use.

COMMENTS

The Police Department has no comments at this time, but will advise the Commission at the meeting.

The Planning Department advises that the existing building is approved for a neighbourhood public house. Any proposal to provide outdoor seating to be used in conjunction with the existing neighbourhood public house would require a development application.

As part of the application review, staff would include an assessment of the anticipated impact on neighbouring sites, in particular the residential sites across the lane to the north of the site, which are zoned RT-8 (Two-Family Dwelling). 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.
The Vancouver/Richmond Health Board does not recommend approval due to the physical layout of the patio and its proximity to residential premises, which would create the potential for noise disturbance to residents.

The Social Planning Department and Housing Centre have concerns about noise impacts on nearby residents, particularly the 30-unit seniors’ housing on the same block.

The results of the neighbourhood notification process will be reported to the Commission at the meeting.

CONCLUSION

Staff feels that the operator runs a good business that does not appear to impact on the neighbourhood. However, an outdoor patio has the potential for noise impacts on the adjacent residential area. The notification results will assist in determining neighbourhood support for this application and if the patio is endorsed, the conditions should include a legal agreement, the standard one year time-limited development permit and the patio closing at 11:00 p.m. or earlier.

ATTACHMENTS THAT DO NOT HAVE ELECTRONIC COPY ARE AVAILABLE ON FILE IN THE CITY CLERK'S OFFICE

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