REPORT OPPOSES PERMIT FOR VAN NUYS CLUB.

Byline: Patrick McGreevy Daily News Staff Writer

An LAPD panel will meet Monday to consider denying a permit application for the El Caribe nightclub in Van Nuys, saying the business has operated improperly without a permit for more than a year and has become a public nuisance.

The Police Permit Review Panel will convene the special meeting at 6 p.m. at the Van Nuys Public Library to discuss a report recommending that the panel reject the business's application for a Cafe Entertainment/Shows Police Permit.

In a written report to the panel, Barbara E. Miller, Los Angeles Police Department hearing examiner, concluded ``the owners and operators of El Caribe have demonstrated that they cannot be trusted with the privileges of a police permit.''

Formerly a family restaurant, the nightclub at 14540 Vanowen St. has been hosting dancing and live entertainment for at least three years, even though the city Planning Department turned down a conditional use permit allowing a dance operation in 1994.

``They have violated a lawful order of the Office of Zoning Administration, they have served alcohol to minors, they have failed to provide adequate parking, and they have willfully and repeatedly failed to comply with the permit requirements of the Los Angeles Municipal Code,'' Miller said.

A representative of the nightclub told the hearing examiner that the zoning administrator did not have authority in 1994 to deny a dance permit because the building has a certificate of occupancy for a banquet room.

Freddy Flores, the owner of the nightclub, said Friday that he is entitled to receive the police permit.

``I have the same constitutional rights as anybody else,'' he said. ``I want to make a living. Live entertainment is something every restaurant should have and many do have.''

Located within 200 feet of a residential neighborhood, the nightclub has drawn complaints from homeowners about loitering, littering and noise for more than a year.

``Those of us in the community consider it to be a public nuisance,'' said Don Schultz, president of the Van Nuys Homeowners Association. ``It is creating a lot of noise in the late hours.''

Flores disputed the allegations, saying they are being made by a vocal minority of four residents when he has received 150 signatures on petitions supporting his permit application.

``The complaints are all invalid,'' he said.

However, Miller, the hearing examiner, disagreed with Flores and said the nightclub owners should be held responsible for their actions.

``The business has operated in a manner that has and will continue to be a nuisance to the surrounding residential community,'' Miller concluded.