HomeMy WebLinkAboutFCS-10-005 - Liquor Licence Review Application - Love Nest African Restaurant - 183 King St EREPORT TO:Finance and Corporate Services Committee
DATE OF MEETING:
December 13, 2010
SUBMITTED BY: Liquor Licensing Review Committee
PREPARED BY:
Patricia Harris, Manager of Licensing, 2854
WARD(S) INVOLVED: 9
DATE OF REPORT: December 6, 2010
REPORT NO.:
FCS-10-005
SUBJECT:
LIQUOR LICENCE REVIEW APPLICATION – LOVENEST
AFRICAN RESTAURANT – 183 KING ST. E.
RECOMMENDATION:
That subject to the applicant entering into an agreement with the City including certain
take no action
conditions of operating a licensed establishment as set out below, that Council
to oppose
the application for a liquor license for Lovenest African Restaurant located at 183
King Street East, applied for by Daniel Berhe (herein referred to as the “Applicant”), and further
That the Mayor and Clerk be authorized to enter into an agreement with the applicant should he
be willing wherein the applicant agrees to abide by the following conditions and to request they
be added to his licence if the Alcohol and Gaming Commission of Ontario chooses to issue the
licence:
1. to post in a conspicuous place and abide by the Downtown Licensed Establishments Code
of Conduct;
2. to become an active member of the Downtown Kitchener Business Improvement Area’s
License and Entertainment Committee and attend its meetings;
3. to abide by a set 30% monthly ratio of alcohol sales to gross refreshment sales (including
food and other sundries) in other words alcohol sales will be limited to 30% of gross
refreshment sales;
4. to stop serving alcohol by 12:01 a.m. daily in the first year of operation and thereafter to stop
serving alcohol by 2:00 a.m. daily;
5. to notify the Clerk of the City of Kitchener in writing of any application to change the license
at the time the application for the change is made to the Alcohol and Gaming Commission,
and not to expand the establishment without the consent of the City Council;
6. to comply with the Noise By-laws and the Region of Waterloo Smoking By-law; and
7. these conditions shall bind all successors, assigns and subsequent licence holders (if any)
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BACKGROUND:
In accordance with the Council resolution of April 19, 1999, all applicants for liquor licenses in
the downtown are to be notified of Council’s policy regarding their application and requested to
complete an information form. The Liquor License Application Review Committee (LLARC)
which is comprised of City staff and a representative of the Downtown Kitchener Business
Improvement Area (DKBIA), reviews this information form and makes a recommendation to
Council as to whether or not the application is contrary to public interest.
REPORT:
This report deals with a liquor licence application for a restaurant referred to as Lovenest African
Restaurant located at 183 King Street East.
LIQUOR LICENSE APPLICATION REVIEW COMMITTEE (LLARC) COMMENTS:
The LLARC reviewed the information supplied by the applicant, together with other information
available with respect to each of the eight criteria set out in the resolution passed by Council
April 19, 1999.
a) The owner’s and/or operator’s performance record, including by-law violations,
building/health code infractions and liquor license offences.
This is the first establishment that the applicant has owned. The applicant has
applied for a Class A – Place of Refreshment licence with the City of Kitchener.
b) The proximity of the premises to other licensed establishments
There are two licensed establishments in close proximity to the establishment. They
are: The Hive – 200 King Street East and Fergie’s Pub & Deli – 220 King St. E.
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c) The proximity of the premises to other uses such as existing dwelling units
There are residential apartments located at 199 King St. E., 210 King St. E and 265
King St. E. which is within a block of the establishment.
d) The size of the premises – occupant load and floor area
The establishment is 1,100 square feet. It is known that a portion of this area applied
to the location of tables, kitchen area, washrooms, bar, etc. A sketch of the floor
plan, as requested in the City’s liquor licence application is attached. The occupant
load that was provided indicated 39 persons.
e) The ratio of liquor sales to gross sales
The applicant anticipates the percentage of liquor sales as a percentage of gross
sales to be 30%.
f) The proportion of the premises dedicated to ancillary entertainment
None
g) The hours of operation
The applicant has indicated that the establishment will be operated 9 a.m. to 1 a.m.
seven days per week.
h) Any other comments the Committee considered relevant
None
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
Community Priority – Dynamic Downtown
The Liquor Licence Review Committee is in place to review all establishments that propose to
sell liquor in the Downtown Core. This allows Council to then review and provide comments
regarding these establishments to the Alcohol and Gaming Commission of Ontario (AGCO) in
order to continue to provide a safe and dynamic downtown core.
FINANCIAL IMPLICATIONS:
None
COMMUNITY ENGAGEMENT:
Inform - A copy of the report will be provided to the Applicant prior to the Council Committee
meeting date.
Consult - Property owners immediately adjacent to 183 King Street East were verbally consulted
by the KDBIA and Downtown Development staff – of those consulted, there were no concerns.
ACKNOWLEDGED BY:
D. Chapman, Deputy CAO & City Treasurer, Finance and Corporate
Services
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