HomeMy WebLinkAboutFCS-11-087 - Decision of Licensing Tribunal - Lucky's WingsREPORT TO:
Mayor C. Zehr and Members of Council
DATE OF MEETING:
April 18, 2011
SUBMITTED BY: Licensing Tribunal
PREPARED BY:
Colin Goodeve, Committee Administrator (519) 741-2278
WARD(S) INVOLVED:
All
DATE OF REPORT:
April 7, 2011
REPORT NO.: FCS-11-087
SUBJECT:
DECISION OF LICENSING TRIBUNAL - LUCKY’S WINGS
RECOMMENDATION:
That the decision of the Licensing Tribunal, attached to Finance and Corporate Services
Department report FCS-11-087, on the matter of the Class ‘A’ Place of Refreshment
Business License No. 810786 issued to Justin Novak for the operation of Lucky’s Wings,
320 King Street West, be adopted.
BACKGROUND:
On January 24, 2011, Council ordered a licensing tribunal hearing concerning the application
from Lucky’s Wings, 320 King Street West for a 2011 Class ‘A’ Place of Refreshment Business
License to ascertain whether the establishment has been operating in compliance with Chapter
584 (Place of Refreshment) of the Municipal Code.
Chapter 584 licences places of refreshment including restaurants and bars. There are
provisions in the Chapter that allows Council to hold a hearing should a licensee contravene
federal, provincial or local laws; which includes the City’s noise by-law. The Municipal Act
requires that in considering the suspension, revocation of and/or imposing conditions on a
business license, the municipality shall exercise its discretion upon the grounds that the conduct
of any person, including the officers, directors, employees or agents of the business, 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.
REPORT:
On April 4, 2011, the Licensing Tribunal considered an agreed statement of facts as well as a
joint submission with regards to a penalty in this matter from Ms. Jennifer Sheryer, on behalf of
the Corporation of the City of Kitchener and Mr. Brian Kelly, on behalf of the licensee. The
agreed statement of facts showed that over the past year Waterloo Regional Police and the
City’s By-law Enforcement staff had attended Lucky’s Wings on several occasions concerning
noise complaints, liquor licence infractions and operating after hours.
In coming to a decision, the Tribunal weighted the rights of the licensee to operate a successful
business, but considered the incidents, which occurred from March through to December 2010,
as serious. Further, the Tribunal cited the expectation that all licensees are to operate their
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businesses in a manner that complies with all municipal, provincial and federal regulations and
legislation as well as being respectful of the surrounding neighbourhood. To this, the Tribunal
believes that the joint submission with regards to a penalty in this matter represents a fair and
balanced approach both to the rights of the licensee and ensuring future compliance with
Chapter 584.
In accordance with the Municipal Act, all decisions of the Licensing Tribunal must be ratified by
Council before taking effect. In this regard, the recommendation contained herein will appear
on the April 18, 2011 Committee of the Whole agenda.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
Enforcing the provisions of Municipal Code Chapter 584 (Place of Refreshment) aligns with the
Strategic Plan by ensuring that the City is a safe place to live for all residents, while providing a
fair and equitable process for a licensee to seek redress regarding their business license
applications. Further, in this instance, it is also connected with the Dynamic Downtown
Community Priority; whereby the City’s focus is to create partnerships to address issues of
safety perception in the Downtown.
FINANCIAL IMPLICATIONS:
There are no financial implications associated with this report.
COMMUNITY ENGAGEMENT:
The decision of the Licensing Tribunal was served on the licensee, notifying him that it would be
considered at the April 18, 2011 Council meeting.
ACKNOWLEDGED BY:
Dan Chapman, Deputy CAO & City Treasurer, Finance &
Corporate Services
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DECISION OF THE LICENSING TRIBUNAL
In the matter of the Class ‘A’ Place of Refreshment Business License
No. 810786 issued to Justin Novak
Lucky’s Wings, 320 King Street West, Kitchener, Ontario
On April 4, 2011, a hearing was held in the matter of the above noted Place of
Refreshment Business License. The Tribunal considered a joint submission and
agreed statement of facts from Ms. J. Sheryer, on behalf of the Corporation of
the City of Kitchener and from Mr. Brian Kelly, on behalf of the licensee, which
was read into evidence.
The Tribunal commends the parties and thanks them for their efforts in providing
the agreed upon statement of facts and joint submission with regards to a penalty
in this matter.
In considering all of the evidence presented, the Tribunal regards the incidents
which occurred from March through to December 2010 as serious. Further, it
expects all licensees to operate their businesses in a manner that complies with
all municipal, provincial and federal regulations and legislation as well as being
respectful of the surrounding neighbourhood.
unanimously
Accordingly, the Tribunal recommends the following:
That a Class ‘A’ Place of Refreshment Business Licence, be issued to Justin
Novak, to operate Lucky’s Wings, 320 King Street West with the following
conditions:
1. For three (3) weeks, commencing April 25, 2011 the establishment shall
be closed by 11:00 p.m. The last day of this condition’s application shall
be May 15, 2011.
2. For one (1) year, no food orders will be taken for food being served for
patron consumption within the establishment after 2:15 a.m. Take-out
orders may still be received.
3. For one (1) year, food will not be served to patrons for consumption in the
establishment after 2:30 a.m. Take-out orders may still be received.
4. Perpetually, the front and rear garage doors will be closed while music is
being played in the establishment after 10:00 p.m. Additionally, no door to
the establishment may remain propped open while music is being played
after 10:00 p.m.
April 4, 2011
_____________________________________ __________________
Councillor B. Vrbanovic Councillor Z. Janecki Councillor P. Singh
Chair Member Member
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