HomeMy WebLinkAboutFCS-12-098 - Amendment re Bobby O'BriensREPORT TO:Committee of the Whole
DATE OF MEETING:
May 14, 2012
SUBMITTED BY: Jennifer Sheryer, Assistant City Solicitor x2265
PREPARED BY:
Jennifer Sheryer, Assistant City Solicitor x2265
WARD(S) INVOLVED: 9
DATE OF REPORT: May 8, 2012
REPORT NO.:
FCS-12-098
SUBJECT:
AMENDMENT TO APRIL 23, 2012 COUNCIL
RESOLUTION FOR REQUEST FOR AMENDMENTS TO
LIQUOR LICENSING CONDITIONS – BOBBY O’BRIEN’S –
125 KING ST. W.
RECOMMENDATION:
That the resolution of Council, adopted April 23, 2012, regarding a request for amendments to
liquor licence conditions for Bobby O’Brien’s, 125 King Street W., be replaced with the following:
That the City of Kitchener take no action to oppose an amendment to condition #13 of the
liquor licence held by 1337059 Ontario Ltd. operating as Bobby O’Brien’s, 125 King Street W.,
Kitchener, (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,
That the City of Kitchener take no action to oppose an amendment to condition #6 of the liquor
licence held by 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 from the outdoor patio
by 1:45 a.m. daily; and,
That staff be directed to advise the Alcohol and Gaming Commission of Ontario (AGCO) that
the City has no concerns with the liquor licence for the Applicant being amended accordingly;
and further,
That the City shall object to any amendment of the liquor licence conditions to allow for signs
of service to remain on the patio or beverages and clients to remain on the patio later than the
times set out above 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:
1337059 Ontario Ltd., operating as Bobby O’Brien’s wished to request the AGCO to amend
certain conditions of their liquor licence and inquired whether the City would object to such
amendments. This matter came before Finance and Corporate Services Committee on April 16,
2012 and recommendations were passed by Council at its meeting on April 23, 2012.
The recommendations suggested by staff and approved by Council do not make sense in the
context of conditions imposed directly on a liquor licence that do not form part of an agreement
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between the City and the applicant. It is proposed that Council substitute the recommendations
proposed herein to give effect to Council’s intentions concerning this matter.
REPORT:
Staff had no concerns with most of the proposed amendments and suggested a slight change to
another which was agreed to by the applicant at the Finance and Corporate Services
Committee meeting. At the time of drafting the recommendations in reportFCS-12-073, legal
staff believed that an agreement had been entered between the City and the applicant that
would require amendments. When staff attempted to locate this agreement in order to prepare
the amendment as directed, it became apparent that the conditions did not form part of an
agreement with the applicant but were conditions that were attached directly to the applicant’s
liquor licence by the AGCO.
The usual practice is to have an agreement between an applicant and the City regarding a
liquor licence then request the AGCO to imposed the agreed to conditions as part of the liquor
licence. In the case of The Still (now Bobby O’Brien’s) an agreement could not be reached and
the City requested that the AGCO hold a hearing. The outcome of the hearing was that the
conditions on the liquor licence were imposed by the AGCO and no agreement with the City
was required. Essentially, the recommendations in the original staff report were framed to allow
for amendments of an agreement that does not exist.
FINANCIAL IMPLICATIONS:
None.
ACKNOWLEDGED BY: Dan Chapman, Deputy CAO and City Treasurer
Finance and Corporate Services
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