HomeMy WebLinkAboutFCS-12-003 - Liquor License Review Application 305 King St W.pdREPORT TO:Finance and Corporate Services Committee
DATE OF MEETING:
January 9, 2012
SUBMITTED BY: Liquor Licensing Review Committee
PREPARED BY:
Patricia Harris, Manager of Licensing, 2854
WARD(S) INVOLVED: 9
DATE OF REPORT: December 23, 2011
REPORT NO.:
FCS-12-003
SUBJECT:
LIQUOR LICENCE REVIEW APPLICATION – THE
HONEST LAWYER RESTAURANTAINMENT – 305 KING
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 licence for 2306776 Ontario Inc. operating as
The Honest Lawyer Restaurantainment located at 305 King Street West (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 restaurant referred to as The Honest
Lawyer Restaurantainment located at 305 King 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 offences
The applicant currently owns and operates four other establishments in Ontario. They
are located in Ottawa, Windsor, Richmond Hill and Hamilton. There are no records of
by-law infractions, building/health code violations or liquor offences. The applicant has
applied for a Class A Place of Refreshment, Class A Place of Amusement, Class B
Amusement Arcade and a Billiard Parlour licence for the establishment.
b) The proximity of the premises to other licensed establishments
There are five licensed establishments in close proximity to the establishment. They
are: Slices – 300 King St. W., Dallas – 312 King St. W., Lucky’s Wings – 320 King St.
W., Pho 95 Vietnamese Family Restaurant – 323 King St. W. and McCabes – 352 King
St. W.
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c) The proximity of the premises to other uses such as existing dwelling units
There are residential uses at 276 King Street West and 338 King Street West which are
within a block of the establishment.
d) The size of the premises – occupant load and floor area
The establishment is 8,400 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 occupancy load that
was provided is 310 persons (interior) and 130 persons (exterior).
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
The applicant has indicated that the establishment will be operated Monday to Sunday
from 11:30 a.m. to 2:00 a.m.
g) Any other comments the Committee considered relevant
None
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
Community Priority – Dynamic Downtown
The Liquor Licence Review Committee (LLARC) 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 305 King 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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