HomeMy WebLinkAboutFCS-11-012 - Referral to a Licensing Hearing - Lucky's Wings - 320 King St WREPORT TO:Finance and Corporate Services Committee
DATE OF MEETING:
January 17, 2011
SUBMITTED BY: R. Gosse, Director of Legislated Services/City Clerk, 2809
PREPARED BY:
Patricia Harris, Manager of Licensing, 2854
WARD(S) INVOLVED: 10
DATE OF REPORT: January 10, 2011
REPORT NO.:
FCS-11-012
SUBJECT:
REFERRAL TO A LICENSING HEARING – LUCKY’S
WINGS – 320 KING STREET WEST
RECOMMENDATION:
For direction
BACKGROUND:
Section 1 of Schedule ‘A’ – Business Licence Procedure of Chapter 584 (Refreshment Places)
of the City of Kitchener Municipal Code requires that upon receipt of a complete licence
application the Manager of Licensing shall either issue or renew a licence hereunder or shall
refer the matter to Council or a Committee of Council where appropriate under the provisions of
this Chapter or any other by-law of Council.
Section 7(c) and (d) of Schedule ‘A’ – Business Licence Procedure of Chapter 584 states that
the Manager of Licensing may refer an application or a licence to Council or a Committee of
Council where:
the past or present conduct of any person, including the officers, directors, employees
or agents of a corporation affords reasonable cause to believe that the person will not
carry on or engage in the business in accordance with the law or with honesty and
integrity;
any person, including the officers, directors, employees or agents of a corporation, has
contravened this Chapter or any other by-law or federal or provincial statute or
regulation while engaged in or conducting the business.
REPORT:
In December 2010 information was received from the Waterloo Regional Police and By-law
Enforcement regarding several occurrences that had been linked to the address where Lucky’s
Wings operates.
In reviewing the Licence renewal application for Lucky’s Wings, located at 320 King Street West
in Kitchener there are matters that have come to the attention of the Manager of Licensing from
the Waterloo Regional Police and By-law Enforcement in the past year linked to the
establishment’s address ranging from noise complaints, liquor licence infractions and operating
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after hours. The Manager has determined that a licence should not be issued at this time and
that application for renewal of the licence is being referred to Council.
At this time Council has two options;
Option 1 – Direct staff to immediately issue a licence; or
Option 2 – In order to facilitate the review of the licence and afford the licensee the opportunity
to respond to the allegations, refer the matter to a Licensing Hearing.
Should Council decide to refer the matter to a Licensing Hearing, the Licensing Hearing
Committee will consist of three members of Council who will be determined at a later date. Until
such time as the Licensing Hearing is convened, consideration may be given to issue an interim
or temporary licence to the owner. Should a temporary licence be issued, staff is suggesting it
be for the period ending June 30, 2011. This would allow sufficient time for all parties to
prepare for the hearing and yet ensure that it is held in a timely manner.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
Community Priority – Dynamic Downtown
The City’s focus is to create partnerships to address the issue of safety perception in the
downtown.
FINANCIAL IMPLICATIONS:
None
COMMUNITY ENGAGEMENT:
Inform – The applicant (owner of Lucky’s Wings) has been notified and has received a copy of
this report.
ACKNOWLEDGED BY:
D. Chapman, Deputy CAO & City Treasurer, Finance and Corporate
Services
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