HomeMy WebLinkAboutFCS-11-184 - Liquor Licence Review Application - Bistro 15REPORT TO:Finance and Corporate Services Committee
DATE OF MEETING:
October 3, 2011
SUBMITTED BY: Liquor Licensing Review Committee
PREPARED BY:
Patricia Harris, Manager of Licensing, 2854
WARD(S) INVOLVED: 10
DATE OF REPORT: September 27, 2011
REPORT NO.:
FCS-11-184
SUBJECT:
LIQUOR LICENCE REVIEW APPLICATION – BISTRO 15 –
15 SCOTT STREET
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 not
action to oppose the application for a liquor license for Bistro 15 located 15 Scott Street,
applied for by Ken Pearce (herein referred to as the “Applicant”), and further
That the Mayor and Clerk be authorized to enter into an agreement with the applicant
should he be willing wherein the applicant agrees to abide by the following conditions
and to request they be added to his 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 12:01 a.m. daily in the first year of operation and thereafter
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 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 restaurant referred to as Bistro 15 located
at 15 Scott Street.
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 licensed establishment that the applicant has owned. He has made
application for a Class A- Place of Refreshment Licence from the City of Kitchener.
b) The proximity of the premises to other licensed establishments
There are 2 licensed establishments in close proximity to the establishment. They are:
The Hive Eatery & Spirits – 200 King Street East and Lovenest African Restaurant – 183
King Street East.
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 3,200 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 110 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 10%.
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 Monday to Saturday
11 a.m. to 7 p.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 15 Scott Street 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 &
Corporate Services
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