HomeMy WebLinkAboutFCS-11-085 - Liquor Licence Review Application - Boa Nova - 6 Charles St WREPORT TO:Committee of the Whole
DATE OF MEETING:
April 18, 2011
SUBMITTED BY: Liquor Licensing Review Committee
PREPARED BY:
Patricia Harris, Manager of Licensing, 2854
WARD(S) INVOLVED: 9
DATE OF REPORT: April 11, 2011
REPORT NO.:
FCS-11-085
SUBJECT:
LIQUOR LICENCE REVIEW APPLICATION – BOA NOVA –
6 CHARLES STREET WEST
RECOMMENDATION:
That subject to the applicant entering into an agreement with the City including certain
conditions of operating a licensed establishment as set out below, that Council take no
action to oppose the application for a liquor license for Boa Nova located at 6 Charles St.
West, applied for by 1783044 Ontario Inc. (herein referred to as the “Applicant”), and
further
That the Mayor and Clerk be authorized to enter into an agreement with the applicant
should they be willing wherein the applicant agrees to abide by the following conditions
and to request they be added to their 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 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 Boa Nova
located at 6 Charles Street West.
LIQUOR LICENCE 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
obtained their Class A- Place of Refreshment licence from the City of Kitchener.
b) The proximity of the premises to other licensed establishments
There are 5 licensed establishments in close proximity to the establishment. They
are: Ellision Bistro – 14 Charles Street West, Club Rennaisance – 24 Charles St.
W., Silver Star Social Club – 91 Queen St. S. – Café Europe – 91 Queen St. S. and
Northern Thai Restaurant – 95 Queen Street South.
c) The proximity of the premises to other uses such as existing dwelling units
There are residential apartments located at 22 Charles St. West which is within a
block of the establishment
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d) The size of the premises – occupant load and floor area
The establishment is 5,606 square feet. It is known that a portion of this area applied
to the location of the 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 208 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 25%.
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.
sevendays per week.
h) Any other comments the Committee considered relevant
The applicant proposes to operate the establishment as a fine dining establishment.
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 the establishment to the Alcohol and Gaming Commission of Ontario (AGC0) 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 6 Charles Street West were verbally
consulted by the KDBIA and Downtown Development staff – of those consulted, there were no
concerns.
ACKNOWLEDGED BY: D. Chapman, Deputy CAO and City Treasurer, Finance and
Corporate Services
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