HomeMy WebLinkAboutFCS-11-140 - Kenny's Bar & Grill - 347 Lancaster St. W. - Licensing ConditionsStaff Re~p~r~
I~~rc~~nT~~ Finance and Corporate Services 1~eparfinent w~+w.kitthenerca
DATE OF REPORT: June 20, 2011
REPORT NO.: FCS-11-140
SUBJECT: KENNY'S BAR & GRILL - 347 LANCASTER STREET WEST
- LICENSING CONDITIONS
RECOMMENDATION:
That notwithstanding Council's resolution of February 14, 2011 to hold a business
licence hearing with respect to the licence issued to Romana Vignjevic, owner of Kenny's
Bar & Grill; the aforementioned licensing hearing not take place; and further,
That Licence 11 100132 00 L6 currently issued to Kenny's Bar & Grill, 347 Lancaster
Street West be extended to December 31, 2011 with the following conditions:
The patio to be closed by 9:00 p.m. every night.
The licensee will ensure that no exterior door to the premises is propped open
while music is being play in the establishment.
BACKGROUND:
Section 1 of Schedule `A' -Business Licence Procedure of Chapter 584 (Refreshment Places)
requires that upon receipt of a complete application, the Manager of Licensing shall either issue
or renew a licence or shall refer the matter to Council or a Committee of Council where
appropriate.
REPORT:
On February 14, 2011 Council approved report FCS-11-028 which requested that a licensing
hearing be held for Kenny's Bar & Grill located at 347 Lancaster Street West. A temporary
licence was issued until June 30, 2011 to facilitate the hearing.
On June 15, 2011 staff met with Romana Vignjevic, owner of Kenny's Bar & Grill. The purpose
of the meeting was to review the information that would be provided at the hearing and to
attempt to reach a possible resolution.
Ms. Vignjevic indicated that the bar had been up for sale since the beginning of 2011 and since
that time she has been open only sporadically. She indicated that she now has a buyer who is
expected to complete the sale and take over the establishment by the end of September 2011
and operate the business as a restaurant. Once the sale is completed in September, the new
owner will be required to apply for and obtain a new licence and Ms. Vignjevic's licence will no
longer be in effect.
6-1
Staff Re~p~r~
I~~rc~~nT~~ Finance and Corporate Services 1~eparfinent w~+w.kitthenerca
As per the Statement of Facts and Joint Submission on Licence Conditions attached to this
report and in order to minimize the impact of the bar on the neighbourhood in the interim period,
the operator has agreed that while she continues to operate the business she will:
1. Close the patio by 9:00 p.m. every night
2. Ensure that no exterior door to the premises is propped open while music is being
played in the establishment.
Staff believe that these conditions are appropriate and useful in minimizing any negative impact
of the business on the surrounding residential neighbourhood and request that they be added to
the business licence.
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 owner of Kenny's Bar & Grill has been notified and has received a copy of this
report.
ACKNOWLEDGED BY: D. Chapman, Deputy CAO & City Treasurer, Finance and
Cor orate Services
6- 2
Staff Re~p~r~
I~~rc~~nT~~ Finance and Corporate Services 1~eparfinent w~+w.kitthenerca
Statement of Facts and Joint Submission on Licence Conditions
Kenny's Bar and Grill is located at 347 Lancaster St. W. in Kitchener. The establishment was
formerly known as Cafe Bar Azzuro and Romans Vignjevic has been the licensee since June
26, 2007.
In July of 2008 a licensing hearing was held in relation to this establishment. Due to noise and
other concerns raised by neighbouring residents, the Licensing Committee recommended that
certain conditions be attached to the licence. These conditions were approved by Council on
August 11, 2008 and included:
- the closing of the outdoor patio area by 11 pm Sunday to Thursday and 1 am on
Fridays and Saturdays;
- the closing of the establishment to patrons by 2:45 p.m.
- the licensee actively monitoring outside areas at the establishment; and
- the licensee participating in a mediation session with neighbouring residents.
The conditions seemed to have a positive impact over 2009. However, throughout 2010, the
City received many noise complaints about the bar location. Some of these complaints were in
relation to barking dogs and some were about loud music. On most occasions, when
enforcement officers attended they did not hear any excessive noise. Enforcement staff never
heard excessive barking at the premises although on one occasion attended and heard barking
from another address.
On June 1, 2010 an officer attended in response to a noise complaint and found that music was
being played with the door open. The officer determined the noise was excessive, gave a
verbal warning, and asked that the door be closed. The music volume was decreased.
On Tuesday, October 26, 2010, an officer attended in response to a noise complaint. Upon
arrival at approximately 11:51 pm, the officer found a large number of patrons on the patio. This
was in violation of the licensee's condition that the patio be closed by 11:00 p.m. on weekdays.
The officer also determined that the noise was excessive. Accordingly, a noise ticket was
issued to the person in charge. The licensee was not present at that time. The noise charge
was not disputed and a conviction was registered.
The operator has explained that she is selling her business and expects that the purchaser will
complete the sale by the end of September 2011. She has also indicated that the location will
be used as a restaurant by the new owners. This is anticipated to be a better fit with the
surrounding residential properties.
To minimize the impact of the bar on the neighbourhood in the interim period, the operator has
agreed that while she continues to operate the business that she will:
1. Close the patio by 9:00 pm every night;
2. Ensure that no exterior door to the premises is propped open while music is being
played in the establishment.
6-3
Staff Re~p~r~
I~~rc~~nT~~ Finance and Corporate Services 1~eparfinent
www.kitchenerca
We believe these conditions to be appropriate and useful in minimizing any negative impact of
the business on the surrounding residential neighbourhood. We would request that these
conditions be added to the business licence.
6-4