HomeMy WebLinkAboutFCS-13-174 - Liquor Licence Review Application - Poak FC Social Club - 50 Ottawa St S Staff Report
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REPORT TO: Finance and Corporate Services Committee
DATE OF MEETING: November 18, 2013
SUBMITTED BY: Liquor Licensing Review Committee
PREPARED BY: Patricia Harris, Manager of Licensing, 741-2200 ext. 7854
WARD(S) INVOLVED: 9
DATE OF REPORT: November 8, 2013
REPORT NO.: FCS-13-174
SUBJECT: LIQUOR LICENCE REVIEW APPLICATION — POAK FC
SOCIAL CLUB—50 ONTARIO ST. S.
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 Poak
FC Social Club at 50 Ontario Street South, Unit D applied for by John Papazotos (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 Poak FC Social Club, located at 50 Ontario Street South, Unit D 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 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;
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5. to comply with the Noise By-law and the Region of Waterloo Smoking By-law; and
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 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 place of refreshment known as Poak FC
Social Club located at 50 Ontario Street South, Unit D (Hall's Lane entrance).
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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.
The applicant currently operated the Silver Star Greek Social Club at 91 Queen Street
South, Unit 7. He has moved the business to the current location and currently is
licensed as a Class A — Place of Refreshment. There are no known violations or
infractions.
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b) The proximity of the premises to other licensed establishments
There are two licensed establishments within one block of the establishment. They are:
East African Cafe—50 Ontario St. S. and Cafe Apis —89 Ontario Street South.
c) The proximity of the premises to other uses such as existing dwelling units
There are residences located at 26, 85 and 91 Ontario Street South.
d) The size of the premises —occupant load and floor area
The establishment is 720 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 30 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 5%.
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 Tuesday to Sunday 6
p.m. to 1:00 a.m.
h) Any other comments the Committee considered relevant
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.
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Consult — Property owners immediately adjacent to 50 Ontario Street South were verbally
consulted by the KDBIA and Downtown Development staff— of those consulted, there were no
concerns.
ACKNOWLEDGED BY: D. Chapman, Deputy CAO and City Treasurer, Finance &
Corporate Services
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