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Home My WebLink AboutFCS-12-013 - Liquor Lcence Conditions - The Honest Lawyer - 305REPORT TO:Finance and Corporate Services Committee DATE OF MEETING: January 30, 2012 SUBMITTED BY: R. Gosse, Director of Legislated Services/Clerk PREPARED BY: Patricia Harris, Manager of Licensing, 2854 WARD(S) INVOLVED: 9 DATE OF REPORT: January 23, 2012 REPORT NO.: FCS-12-013 SUBJECT: LIQUOR LICENCE CONDITIONS– THE HONEST LAWYER – 305 KING STREET WEST RECOMMENDATION: Council’s direction is requested. BACKGROUND: At the Council meeting of January 16, 2012, Council considered report FCS-12-003 recommending that no action be taken to oppose the application for a liquor licence for 2306776 Ontario Inc., operating as The Honest Lawyer. This was subject to the applicant entering into an agreement with the City that would include conditions to the licence. Council added three conditions in addition to the standard conditions imposed on liquor licences for establishments located in the downtown. Staff have received correspondence from the applicant indicating that the applicant will not enter into an agreement with the conditions set by Council. This being the case, the resolution of Council adopted on January 16, 2012, is now moot and staff is seeking direction on what action, if any, Council wishes to pursue in this matter. REPORT: Report FCS-12-003 (attached), contained the recommendation from the Liquor Licensing Review Committee (LLARC) regarding the liquor licence application submitted by The Honest Lawyer. The report also provided the criteria used in reviewing the application and a floor plan of the establishment. LLARC recommended that the City enter into an agreement with the applicant containing the standard conditions typically imposed on a downtown licensed th establishment. At the meeting of January 16 Council added the following three conditions: to stop serving alcohol by 2:00 a.m. daily, with the outdoor patio area to have a closing time of 1:00 a.m. and cleared of all patrons by 1:45 a.m. the outdoor patio area shall be enclosed by a fencing barrier constructed at a height and of material that will prevent the passing of objects over as well as through it; and no music (live or pre-recorded) shall be played in the outdoor patio area after 11:00 p.m. The applicant has informed staff that although they do not agree with having conditions imposed as part of their liquor licence, they are willing to refrain from loud music on the patio, to í ó ï stop sales on the patio at 1:30 a.m. and remove all products and clients by 1:45 a.m. and, to construct a perimeter patio fence with glass panels and metal trusses approximately 5 feet high. Options: In light of the applicant’s position with respect to the added conditions, an agreement cannot be entered into. That being the case staff is requesting Council’s direction and offer the following three options: th 1. Staff can forward the conditions adopted by Council on January 16, 2012 to the Alcohol and Gaming Commission of Ontario (AGCO) and request that the conditions be imposed as part of the subject liquor licence, without a hearing. This would leave all decisions in the hands of the AGCO such as imposing the conditions as requested, issuing a licence without conditions, holding a hearing regardless or, holding a hearing upon request by the applicant. 2. Staff can forward the conditions adopted by Council and request the AGCO hold a hearing. In options 1 and 2, a hearing may be or will be held requiring the City’s legal staff to attend and provide rationale for the conditions requested by Council. 3. Council can consider the compromise proposed by the applicant regarding the closing time and fencing around the patio. If it is agreed to by the City and applicant, an agreement with the amended set of conditions would be entered into and sent to the AGCO. 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 prior to the Committee meeting date to the Applicant, the Downtown BIA and Mr. D. Moore who was a delegation on this matter at January th 16 meeting. ACKNOWLEDGED BY: D. Chapman – Deputy CAO Finance & Corporate Services í ó î REPORT 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) í ó í 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. í ó ì 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 í ó ë í ó ê í ó é