HomeMy WebLinkAboutFCS-12-073 - Request for Amendments to Liquor Licensing Conditi
REPORT TO:Finance and Corporate Services Committee
DATE OF MEETING:
April 16, 2012
SUBMITTED BY: Liquor Licensing Review Committee
PREPARED BY:
Patricia Harris, Manager of Licensing, 2854
WARD(S) INVOLVED: 9
DATE OF REPORT: April 5, 2012
REPORT NO.:
FCS-12-073
SUBJECT:
REQUEST FOR AMENDMENTS TO LIQUOR LICENSING
CONDITIONS – BOBBY O’BRIEN’S – 125 KING ST. W.
RECOMMENDATION:
“That Council agrees to amend condition #13 of the agreement between the City and
1337059 Ontario Ltd. (herein referred to as the “Applicant”) to remove the requirement
that all tables and chairs on the outdoor patio shall be of a plastic or resin composition,
and further
That Council agrees to amend condition #6 of the agreement between the City and the
applicant to allow service on the patio until 1:30 a.m. daily provided all signs of service
are removed and all beverages and clients are cleared form the outdoor patio by 1:45 am
daily; and further
That the Mayor and Clerk be authorized to execute an amending agreement with the
applicant to amend conditions #6 and #13 as set out above, and further
That staff be directed to advise the Alcohol and Gaming Commission of Ontario (AGCO)
if any condition is amended in accordance with Council’s direction herein and, if so, that
the City has no concerns with any corresponding condition on the liquor licence for
1337059 Ontario Ltd. being amended accordingly, and further
That Council shall not agree to amend the applicant’s agreement to allow signs of
service to remain on the patio or beverages and clients to remain on the patio until 2:30
am daily and that the City shall object to any amendment of the liquor licence conditions
to allow for this and shall request the AGCO to deny this request or hold a hearing in
which the City will object if the applicant pursues this.
BACKGROUND:
On December 16, 2000 and January 22, 2001 a liquor licensing hearing was held by the Alcohol
and Gaming Commission (AGCO) regarding the premises located at 125 King Street West. On
August 31, 2001 a decision was rendered by the Hearing Committee that required several
conditions be added to their liquor licence including the sale of alcohol to cease on the patio by
12:15 a.m. These conditions were added to the liquor licence because of the City’s concerns
regarding the close proximity of the patio to the adjoining night club and concerns that the patio
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could be used as a holding area for those customers wishing to enter the night club. In June of
2003, the operator of 125 King Street West returned to Council and asked that the condition
regarding the patio be amended to permit the patio to close at 1:00 a.m. with all signs of service
to be removed by 1:45 a.m. This amendment was approved.
REPORT:
Staff have received a request from Darryl Moore, operator of Bobby O’Brien’s, located at 125
King Street West requesting that Council approve an amendment to his liquor licence
agreement to extend the hours of the outdoor patio to 1:30 a.m. with all signs of service
removed by 2:15 a.m. He has also requested that Condition #13 of the agreement be removed
which currently requires all tables and chairs on the patio to be of a plastic or resin composition.
The Liquor Licensing Review Committee has met and have no concerns with the removal of
Condition #13 from the agreement.
Regarding Condition #6 the Committee has no concerns regarding extending the hours of the
outdoor patio to 1:30 a.m. The concern is allowing the clearance of beverages and clients until
2:15 a.m.
On February 6, 2012 Council agreed to add a condition to an outdoor patio for a new restaurant
located at 305 King Street West that requires the operator to stop serving alcohol by 1:30 a.m
daily on the outdoor patio and to clear all beverages and clients from the outdoor patio by 1:45
a.m.daily.
At the time Mr. Moore appeared at Council and voiced his concerns that if the patio at the new
location was allowed to be open past 1:00 a.m. that would provide an unfair competitive
advantage to this new business. It is the Committee’s opinion that if at all possible, it is
important to have consistency for outdoor patios in the downtown so that there is not an
appearance of providing an unfair competitive advantage to any one business. Therefore, the
Committee is recommending that Condition #6 be amended to permit the operator to serve
alcohol on the patio until 1:30 a.m. and clear all beverages and clients from the outdoor patio by
1:45 a.m. daily. Currently there are only two patios in the downtown that have had conditions
added to their liquor licence. They are Bobby O’Brien’s and The Honest Lawyer. Both patios
are quite large and concerns have been raised regarding noise issues because both patios can
accommodate a larger number of patrons.
Staff have contacted both the AGCO and the Waterloo Regional Police and they have no
concerns with allowing the hours on the patio to be extended to 1:30 a.m but do have concerns
with the service of alcohol on the patio past that time. By-law Enforcement was also contacted
regarding noise concerns with the outdoor patio and have no specific concerns except that the
applicant is to be aware that they must comply with the City’s noise by-law.
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 these establishments 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:
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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 125 King Street West were consulted by the
KDBIA and Downtown Development staff – of those consulted, there were no concerns.
The Waterloo Regional Police and the Alcohol and Gaming Commission of Ontario (AGCO)
were consulted. Their only concern was that the patio not remain open for the sale of alcohol
past 1:30 a.m.
ACKNOWLEDGED BY: D. Chapman, Deputy CAO and City Treasurer, Finance and
Corporate Services
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