HomeMy WebLinkAboutFCS-12-038 - Liquor Licence Review Appl - Exclamation RestauranREPORT TO:Committee of The Whole
DATE OF MEETING:
March 5, 2012
SUBMITTED BY: Liquor Licensing Review Committee
PREPARED BY:
Patricia Harris, Manager of Licensing, 2854
WARD(S) INVOLVED: 10
DATE OF REPORT: February 27, 2012
REPORT NO.:
FCS-12-038
SUBJECT:
LIQUOR LICENCE REVIEW APPLICATION –
EXCLAMATION RESTAURANT INC. – 58 FREDERICK ST.
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 Exclamation Restaurant located
at 58 Frederick Street, applied for by Exclamation Restaurant 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 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 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 Exclamation
Restaurant located at 58 Frederick Street.
CONCEPT ONLY
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 City
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 establishment that the applicant has owned. The applicant has
applied for a Class A-Place of Refreshment Licence with the City of Kitchener.
b) The proximity of the premises to other licensed establishments
There is one licensed establishment within one block of the applicant. It is Crabby
Joe’s located at 70 King Street East.
c) The proximity of the premises to other uses such as existing dwelling units.
There are no residential dwelling units in close proximity.
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d) The size of the premises – occupant load and floor area
The establishment is 2,100 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 64 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 30%.
f) The proportion of the premises dedicated to ancillary entertainment
The applicant has indicated that there will be no ancillary entertainment.
g) The hours of operation
The applicant has indicated that the establishment will be operated:
Monday-Sunday – 11 a.m. to 10 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 58 Frederick Street were verbally consulted
by the KDBIA and Downtown Development staff – of those consulted, there were no concerns.
ACKNOWLEDGED BY:
D. Chapman, Deputy CAO, Finance and Corporate Services
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