HomeMy WebLinkAboutFCS-11-028 - Referral to a Licensing Hearing - Kenny's Bar & Grill - 347 Lancaster St WREPORT TO:Finance and Corporate Services Committee
DATE OF MEETING:
February 7, 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 27, 2011
REPORT NO.:
FCS-11-028
SUBJECT:
REFERRAL TO A LICENSING HEARING - KENNY’S BAR &
GRILL - 347 LANCASTER STREET WEST
RECOMMENDATION:
That the application for a 2011 Place of Refreshment – Class A licence for Kenny’s Bar &
Grill, located at 347 Lancaster Street West be referred to a Licensing Hearing and further
That a temporary licence be issued to Kenny’s Bar & Grill for the period ending June 30,
2011 pending the outcome of the Licensing Hearing.
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), (d) and (e) 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.
Any special conditions placed on a former or current licence of the applicant or licensee
under this Chapter have not been met.
In 2010 several complaints were received by By-law Enforcement regarding noise issues with
respect to Kenny’s Bar & Grill, 347 Lancaster Street. Licensing staff also received several
complaints that the establishment was no longer adhering to some of the conditions that had
been attached to their licence as per the Licensing Hearing of 2008.
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REPORT:
On July 14 and 15, 2008 a Licensing Hearing was held in the matter of a Place of Refreshment
Licence issued to Romana Vignjevic, operating Café Bar Azzuro, located at 347 Lancaster
Street West, Kitchener, regarding numerous noise complaints against the property. On August
11, 2008 City Council adopted the Decision of the Licensing Tribunal that recommended that a
business licence be issued, but with several conditions attached. These conditions included:
1. All outside patios must be closed and vacated no later than 11 pm. Sunday to Thursday
and no later than 1 a.m. on Friday and Saturday.
2. The front door to 347 Lancaster Street West shall be used as the main entrance for the
business.
3. All patrons must vacate the premises which included the building and outside areas no
later than 2:45 a.m. and only the business licensee and paid staff of the business may
remain.
4. During business hours, the licensee shall ensure that the outside areas of the premises
are regularly monitored to mitigate issues and/or problems that may affect the
neighbours of the business.
The tribunal also directed staff to report to the Finance and Corporate Services Committee prior
to issuing licences in 2009 and 2010.
In 2009 and again in 2010 staff presented reports to the Finance and Corporate Services
Committee recommending approval of their licences. It was noted in the reports that the
behavioural issues at this bar had improved greatly and the conditions as set out at the
Licensing Hearing were being adhered to. Council approved the issuance of licences in both
cases.
In March of 2010 the establishment’s name was changed from Café Azzuro to Kenny’s Bar &
Grill, yet ownership remained the same. Since that time several complaints were received by
By-law Enforcement and Licensing regarding noise and contravention of the conditions imposed
on the licence. The complaints were investigated and as a result a charge was laid and a
conviction registered with respect to a noise complaint.
The Manager of Licensing has determined that a licence should not be issued at this time and
that the application for renewal of the licence be 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, it is being recommended that a temporary
licence be issued to the owner 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.
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ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
Community Priority – Quality of Life
To provide for a safe city for all residents.
FINANCIAL IMPLICATIONS:
None
COMMUNITY ENGAGEMENT:
Inform – The applicant (owner of Kenny’s Bar & Grill) has been notified and has received a copy
of this report.
ACKNOWLEDGED BY:
D. Chapman, Deputy CAO and City Treasurer, Finance and Corporate
Services
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