HomeMy WebLinkAboutFCS-12-090 - Liquor Licence Review Application - The GuanaquitaREPORT TO:Finance and Corporate Services Committee
DATE OF MEETING:
May 7, 2012
SUBMITTED BY: Liquor Licensing Review Committee
PREPARED BY:
Patricia Harris, Manager of Licensing, 2854
WARD(S) INVOLVED: 9
DATE OF REPORT: April 27, 2012
REPORT NO.:
FCS-12-090
SUBJECT:
LIQUOR LICENCE REVIEW APPLICATION – THE
GUANAQUITA RESTAURANT – 273 KING ST. W., UPPER
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 The Guanaquita Restaurant
located at 273 King Street West, Upper Floor, applied for by Irma P. Donan (herein
referred to as the “Applicant” and further
That the Mayor and Clerk be authorized to enter into an agreement with the applicant
should she be willing wherein the applicant agrees to abide by the following conditions
and to request she 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 40% monthly ratio of alcohol sales to gross refreshment sales
(including food and other sundries) in other words alcohol sales will be limited to
40% 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 The Guanaquita
Restaurant located at 273 King Street West, Upper Floor.
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 obtained
a Class A-Place of Refreshment Licence from the City of Kitchener.
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b) The proximity of the premises to other licensed establishments
There are six licensed premises within one block of the applicant. They are:
Frankie’s Eatery & Pub – 273 King St. W., Honest Lawyer – 305 King St. W., Slices –
300 King St. W., Dallas – 312 King St. W., Lucky’s Wings – 320 King St. W., Pho 95
Vietnamese Restaurant – 323 King St. W.
c) The proximity of the premises to other uses such as existing dwelling units
There are no residential dwelling units in close proximity.
d) The size of the premises – occupant load and floor area
The establishment is approximately 195 square metres. 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 144 persons (interior) and 13 persons
(exterior deck).
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 40%.
f) The proportion of the premises dedicated to ancillary entertainment
The applicant has indicated there will be no ancillary entertainment
g) The hours of operation
The applicant has indicated that the establishment will be operated:
Sunday-Friday – 9 a.m. to 10 p.m. and Saturday 9 a.m. to 1:00 a.m.
h) Any other comments the Committee considered relevant
Both Waterloo Regional Police and By-law Enforcement were notified regarding this
application. No concerns were expressed at this time.
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
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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 273 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 & City Treasurer, Finance &
Corporate Services
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