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HomeMy WebLinkAboutFCS-12-168 - Liquor Licence Review Application - Caesaria IncREPORT TO:Finance and Corporate Services Committee DATE OF MEETING: October 15, 2012 SUBMITTED BY: Liquor Licensing Review Committee PREPARED BY: Patricia Harris, Manager of Licensing, 2854 WARD(S) INVOLVED: 10 DATE OF REPORT: October 1, 2012 REPORT NO.: FCS-12-168 SUBJECT: LIQUOR LICENCE REVIEW APPLICATION – CAESARIA INC. – 320 KING STREET WEST RECOMMENDATION: That Council not oppose the application for a liquor license for Caesaria located at 320 King Street West, applied for by Caesaria Inc. (herein referred to as the “Applicant”), subject to the applicant entering into an agreement with the City including certain conditions of operating a licensed establishment as follows: 1. to post in a conspicuous place and abide by the Downtown Licensed Establishments Code of Conduct; 2. to become a member of the 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 for the first full year of operation; 5. that only the main floor restaurant/lounge area, comprising 2,550 square feet with an occupant load of 180 persons and tables set for approximately 70 persons, be licensed and that the licensed area shall exclude the back parking area, basement, kitchen, washrooms and any office space living or otherwise; 6. not to have the individual(s) owning 320 King Street West on October 15, 2012 work at the licensed establishment, either as management or employees of the business; and 7. 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 of Ontario and not to expand the establishment without the consent of the City’s Council. 8. to comply with the Noise By-law and the Smoking By-law; 9. these conditions shall bind all successors, assigns and subsequent licence holders (if any) ê ó ï That the Mayor and Clerk be authorized to enter into an agreement with the applicant and to request that the conditions be added to their licence if the Alcohol and Gaming Commission of Ontario (AGCO) chooses to issue the licence; and further, That in the event the applicant does not agree to the recommended conditions the Alcohol and Gaming Commission (AGCO) be requested to hold a hearing with respect to the licence and grant the City party status. 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/bar referred to as Caesaria located at 320 King Street West, Kitchener. 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. The owner’s and/or operator’s performance record, including by-law violations, a) building/health code infractions and liquor license offences. This is the first establishment that the applicant has owned. The application has applied for a Class A-Place of Refreshment Licence from the City of Kitchener. The proximity of the premises to other licensed establishments. b) ê ó î There are seven licensed establishment within close proximity of the applicant. They are: “271 West” – 271 King St. W., Frankies – 273 King St. W., The Guanquita Restaurant – 273 King St. W., (Upper), Slices – 300 King St. W., The Honest Lawyer – 305 King St. W., Dallas – 312 King St. W., and Pho 95 Vietnamese Restaurant – 323 King St. W. c) The proximity of the premises to other uses such as existing dwelling units There are residential dwelling units located at 338 and 350 King Street West. d) The size of the premises – occupant load and floor area The establishment is approximately 3,267 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 186 persons. 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 that there will be no ancillary entertainment g) The hours of operation The applicant has indicated that the establishment will be operated Monday to Sunday 11 a.m. to 2 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 with the proposed owner of the business. The Liquor Licensing Review Committee (LLARC) has concerns with an inexperienced applicant going into a historically problematic location in close proximity to premises with a large number of licensed seats. Of particular concern is that the current owners of the building, who at one time owned the problematic business Passions Restaurant, continue to own the building. Most recently, the premises was leased to another restaurant where there were numerous problems that resulted in Liquor Licensing charges and a licensing hearing being held. It is for these reasons that the Committee is recommending the aforementioned conditions be placed on this applicant’s liquor licence to attempt to alleviate some of the concerns. These conditions are very similar to the conditions that the AGCO placed on Lucky’s Wings restaurant at the City’s request through a hearing process. 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: ê ó í 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 320 King Street West were verbally consulted by the KDBIA and Downtown Development staff and concerns were expressed by one business owner in the area. ACKNOWLEDGED BY: D. Chapman, Deputy CAO and City Treasurer, Finance and Corporate Services ê ó ì ê ó ë