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HomeMy WebLinkAboutFCS-12-190 - Liquor Licence Review Application - Treme - 15 ScoREPORT TO:Finance and Corporate Services Committee DATE OF MEETING: November 26, 2012 SUBMITTED BY: Liquor Licensing Review Committee PREPARED BY: Patricia Harris, Manager of Licensing, 2854 WARD(S) INVOLVED: 10 DATE OF REPORT: November 14, 2012 REPORT NO.: FCS-12-190 SUBJECT: LIQUOR LICENCE REVIEW APPLICATION – TREME – 15 SCOTT STREET 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 Treme located at 15 Scott Street, applied for by 8270708 Canada 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 Establishment 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 60% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries) in other words alcohol sales will be limited to 60% of gross refreshment sales; 4. 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). ï ó ï 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 Treme located at Unit #2 - 15 Scott Street, which has a street facing and side parking lot entrance leading to the restaurant located in the lower level. 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 licence offences The applicant has applied for a Class A- Place of Refreshment licence for 15 Scott Street. The applicant also holds a Class A – Place of Refreshment licence for a restaurant at 1333 Weber Street, Kitchener. There is no record of any infractions at this location. The proximity of the premises to other licensed establishments. b) There are two licensed establishments within close proximity of the applicant. They are: The Hive – 200 King Street East and Shinla Garden – 183 King Street East. ï ó î The proximity of the premises to other uses such as existing dwelling units c) There are no residential dwelling units in close proximity to the applicant. The size of the premises – occupant load and floor area d) The establishment is approximately 3,100 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 140 persons. The ratio of liquor sales to gross sales e) The applicant anticipates the percentage of liquor sales as a percentage of gross sales to be 60%. The proportion of the premises dedicated to ancillary entertainment f) The applicant anticipates that approximately 100 square feet of the premises will be used for ancillary entertainment which will include 1 to 4 person blues and jazz bands. The hours of operation g) The applicant has indicated that the establishment will be operated Monday to Thursday 11:00 a.m. to 11:00 p.m. and Friday and Saturday, 11:00 a.m. to midnight. Any other comments the Committee considered relevant h) The owner has indicated that this establishment will be a fine dining restaurant catering to the business professional. Both Waterloo Regional Police and By-law Enforcement were notified regarding this application. No concerns with expressed at this time with the proposed owner of the business. 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 15 Scott Street were verbally consulted by the KDBIA and Downtown Development staff and no concerns were expressed. ACKNOWLEDGED BY: D. Chapman, Deputy CAO & City Treasurer, Finance and Corporate Services ï ó í ï ó ì