HomeMy WebLinkAboutFCS-11-181 - Liquor Licence Review Appl - The Break RoomREPORT TO:Committee of the Whole
DATE OF MEETING:
October 3, 2011
SUBMITTED BY: Liquor Licensing Review Committee
PREPARED BY:
Patricia Harris, Manager of Licensing, 2854
WARD(S) INVOLVED: 9
DATE OF REPORT: September 23, 2011
REPORT NO.:
FCS-11-181
SUBJECT:
LIQUOR LICENCE REVIEW APPLICATION – THE BREAK
ROOM INC. – 29 KING ST E.
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 licence for The Break Room located at 29
King Street East, applied for by The Break Room 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 50% monthly ratio of alcohol sales to gross refreshment sales
(including food and other sundries) in other words alcohol sales will be limited to 50%
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-law 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 billiard hall referred to as The Break
Room located at 29 King Street East.
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.
The applicant currently owns another establishment in Waterloo. There are no liquor
licensing infractions on record. The applicant has applied for a Class A Place of
Refreshment and a Billiard Parlour licence from the City of Kitchener.
b) The proximity of the premises to other licensed establishments
There are 3 licensed establishments in close proximity to the establishment. They
are Niko Niko – 20 King St. E., Rainbow Caribbean Cuisine – 29 King St. E., -
Crabby Joe’s – 70 King St. E.
c) The proximity of the premises to other uses such as existing dwelling units
There are no residential units in close proximity to the establishment.
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d) The size of the premises – occupant load and floor area
The establishment is 12,412 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 250 people.
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 50%.
f) The proportion of the premises dedicated to ancillary entertainment
Applicant has indicated that approximately 10,000 square feet will be used for
ancillary entertainment, specifically billiard tables.
g) The hours of operation
The applicant has indicated that the establishment will be operated:
Monday-Friday – 4 p.m. to 2 a.m.
Saturday & Sunday – Noon to 2 a.m.
h) Any other comments the Committee considered relevant
None
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 (AGCO) 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 29 King Street East 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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