HomeMy WebLinkAboutFCS-13-161 - Liquor Licence Review Application - Bread Heads - 16 Duke Street East Staff Report
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REPORT TO: Finance and Corporate Services Committee
DATE OF MEETING: October 21, 2013
SUBMITTED BY: Liquor Licensing Review Committee
PREPARED BY: Patricia Harris, Manager of Licensing, 741-2200 ext. 7854
WARD(S) INVOLVED: 10
DATE OF REPORT: October 11, 2013
REPORT NO.: FCS-13-161
SUBJECT: LIQUOR LICENCE REVIEW APPLICATION - BREAD
HEADS— 16 DUKE STREET EAST
RECOMMENDATION:
That subject to the AGCO deciding not to hold a hearing with respect to this application
for a liquor licence and 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 at this time to oppose the application for a liquor license for Bread
Heads located at 16 Duke Street East, applied for by David O'Leary (herein referred to as
the "Applicant);
That should the AGCO decide to hold a hearing with respect to the application for a
liquor license for Bread Heads, located at 16 Duke Street East and applied for by the
Applicant, the City request party status at the hearing and notwithstanding any
agreement entered into with the Applicant may change its position stated in this
recommendation in response to evidence presented or heard at that hearing; and further
That the Mayor and Clerk be authorized to enter into an agreement with the applicant
should he be willing wherein the applicant agrees to abide by the following conditions
and to request they be added to his licence if the Alcohol and Gaming Commission of
Ontario chooses to issue the licence:
1. to participate as an active member of the Downtown Kitchener Business Improvement
Area's License and Entertainment Committee if such a committee is established;
2. to abide by a set 30% monthly ratio of alcohol sales to gross refreshment sales
(including food and other sundries) in other words alcohol sales will be limited to 30%
of gross refreshment sales;
3. 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;
4. 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;
5. to comply with the Noise By-law and the Region of Waterloo Smoking By-law; and
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6. these conditions shall bind all successors, assigns and subsequent licence holders
(if any)
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 Bread Heads
located at 16 Duke Street East.
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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 licence offences.
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The applicant has held a Place of Refreshment Class C licence since 2012. A Class C
Place of Refreshment is a place of refreshment which does not currently serve alcohol.
There are no known violations or building/health code infractions.
b) The proximity of the premises to other licensed establishments
There are no licensed premises in close proximity to the establishment.
c) The proximity of the premises to other uses such as existing dwelling units
There are no existing dwelling units in close proximity to this establishment.
d) The size of the premises —occupant load and floor area
The establishment is 380 square feet. It is known that a portion of this area applied to
the location of the tables, kitchen area, 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 20 person (interior) and 4 persons (exterior).
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 10%.
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 7 days a week from
9 a.m. to 9 p.m.
h) Any other comments the Committee considered relevant
By-law Enforcement was notified of this application and has no concerns. Waterloo
Regional Police have been notified of this application and will forward any comments
directly to the Alcohol and Gaming Commission of Ontario (AGCO).
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 16 Duke Street East were verbally consulted
by the KDBIA and Downtown Development staff—of those consulted, there were no concerns.
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ACKNOWLEDGED BY: D. Chapman, Deputy CAO and City Treasurer, Finance and Corporate
Services
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