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HomeMy WebLinkAboutFCS-12-195 - Request To Amend Liquor Licence Agreement ¿ The GuREPORT TO:Finance and Corporate Services Committee DATE OF MEETING: December 10, 2012 SUBMITTED BY: Liquor Licensing Review Committee PREPARED BY: Patricia Harris, Manager of Licensing, 2854 WARD(S) INVOLVED: 9 DATE OF REPORT: December 4, 2012 REPORT NO.: FCS-12-195 SUBJECT: REQUEST TO AMEND LIQUOR LICENCE AGREEMENT – THE GUANAQUITA RESTAURANT – 273 KING STREET WEST – UPPER RECOMMENDATION: That Condition #4 of the agreement between Irma P. Donan (owner of The Guanaquita Restaurant – 273 King Street West – Upper) and the City of Kitchener be amended to read: “To stop serving alcohol by 2:00 a.m. daily.” BACKGROUND: A request has been received from Irma P. Donan, owner of the Guanaquita Restaurant at 273 King Street West requesting that Condition #4 of the agreement between her and the City of Kitchener be amended. REPORT: All new applicants for a liquor licence in the downtown core are requested to sign a private agreement with the City of Kitchener whereby they agree to certain conditions as approved by City Council. The signed agreement is forwarded to the Alcohol and Gaming Commission of Ontario (AGCO) with the request that the conditions be added to their liquor licence. Condition #4 of the agreement requires that the applicant “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.” The applicant signed the agreement on May 22, 2012 agreeing to all the conditions. Recently, she has had difficulty booking private events in her restaurant because of the restricted serving hours. She has therefore requested that this condition be amended in the agreement to allow for the serving of alcohol until 2:00 a.m. Although the agreement was forwarded to the AGCO, staff was surprised that the conditions from that agreement were not included on the applicant’s liquor licence by the AGCO. Although the City requests certain conditions be added to the liquor licence it is the AGCO’s decision as to whether the condition will be included on the liquor licence. Therefore, there are no restrictions on the owners liquor licence. ì ó ï Staff followed up with the Alcohol and Gaming Commission of Ontario (AGCO) to ensure that the conditions requested by City Council are normally included on liquor licences. They assured staff that they make every effort to include Council’s recommendations. Staff has received input from By-law Enforcement and Waterloo Regional Police and they have had no reported incidents with this establishment since it opened in May and have no concerns with the condition being amended. 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 review and provide comments regarding the establishment in order to continue to provide a safe and dynamic downtown core. FINANCIAL IMPLICATIONS: None COMMUNITY ENGAGEMENT: The Kitchener Downtown Business Improvement Association was consulted and they are supportive of the proposed amendment. ACKNOWLEDGED BY: D. Chapman, Deputy CAO and City Treasurer, Finance and Corporate Services ì ó î