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HomeMy WebLinkAboutFCS-14-169 - Liquor Licence Review Appl - Gilt Restaurant REPORT TO: Committee of The Whole DATE OF MEETING: September 15, 2014 SUBMITTED BY: C. Tarling, Director of Legislated Services & City Clerk, 519-741-2200 ext.7809 PREPARED BY: Patricia Harris, Manager of Licensing, 519-741-2200 ext. 7854 WARD(S) INVOLVED: 9 DATE OF REPORT: September 8, 2014 REPORT NO.: FCS-14-169 SUBJECT: LIQUOR LICENCE REVIEW APPLICATION – GILT RESTAURANT, BAR & LOUNGE – 305 KING STREET WEST ___________________________________________________________________________ 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 Gilt Restaurant, Bar and Lounge at 305 King Street West, Unit 102 applied for by Gilt Taps and Wine Bar Inc. (herein referred to as the “Applicant”); That should the AGCO decide to hold a hearing with respect to the application for liquor licence for Gilt Restaurant, Bar and Lounge, located at 305 King Street West, Unit 102 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 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 participate as an active member of the Downtown Kitchener Business Improvement Area’s License and Entertainment Committee if such a committee is established; 9. - 1 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; 5. to comply with the Noise By-law and the Region of Waterloo Smoking By- law; and 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 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 Gilt Restaurant, Bar and Lounge located at 305 King Street West, Unit 102 . 9. - 2 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 has applied for a Class A- Place of Refreshment Licence for this location. There are no known violations or infractions. b) The proximity of the premises to other licensed establishments There are currently 8 licensed establishments within one block of the applicant’s location. They are: 271 West – 271 King Street West, The Guanaquita Restaurant – 273 King St. W. Upper, Frankie’s Pub – 273 King St. W., Union Burger – 279 King St. W., Dallas – 312 King St. W., Slices – 300 King St. W. Golden Turtle Vietnamese Restaurant – 323 King St. W. and McCabes – 352 King St. W. c) The proximity of the premises to other uses such as existing dwelling units There are residential units at 276 King Street West and 338 King Street West which are within a block of the establishment. d) The size of the premises – occupant load and floor area The establishment is approximately 4,250 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. 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 18%. f) The proportion of the premises dedicated to ancillary entertainment The applicant has indicated that there will be no ancillary entertainment. 9. - 3 g) The hours of operation The applicant has indicated that the hours of operation will be Monday to Saturday – 11 a.m. to 2 a.m. and Sunday – 10 a.m. to 2 a.m. h) Any other comments the Committee considered relevant The applicant owns The Cork Restaurant in Elora and is excited to be operating in Kitchener. 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: Not applicable. COMMUNITY ENGAGEMENT: Inform – A copy of the report will be provided to the applicant prior to the Council meeting date. Consult – Property owners immediately adjacent to 305 King Street West were consulted by the Downtown Development staff – of those consulted, there were no concerns. ACKNOWLEDGED BY: D. Chapman, Deputy CAO – Finance and Corporate Services 9. - 4 9. - 5