HomeMy WebLinkAboutFCS-15-053 - Liquor Licence Review Application - The Berlin - 41 King St W Staff Report
I r .R finance and Corporate Services Department www kitchener.ca
REPORT TO: Finance and Corporate Services Committee
DATE OF MEETING: April 20, 2015
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: March 30, 2015
REPORT NO.: FCS-15-053
SUBJECT: LIQUOR LICENCE REVIEW APPLICATION —THE BERLIN —41
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 The Berlin at 41 King Street West, applied
for by Gushue 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 The Berlin, located at 41 King Street West, 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;
***This information is available in accessible formats upon request.***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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2. to abide by a set 35% monthly ratio of alcohol sales to gross refreshment
sales (including food and other sundries) in other words alcohol sales will
be limited to 35% 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
The Berlin located at 41 King Street West, Kitchener
LIQUOR LICENCE APPLICATION REVIEW COMMITTEE (LLARC) COMMENT:
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 two licensed establishments within one block of the
applicant's location. They are: TWH Social-Bar/Bistro — 1 King Street West,
Imbibe — 10 King Street West.
c) The proximity of the premises to other uses such as existing dwelling units
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There are no dwelling units within 1 block of the premises.
d) The size of the premises — occupant load and floor area
The establishment is approximately 6,720 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 200 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 35%.
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 hours of operation will be Sunday — 10:30
a.m. to 4 p.m., Tuesday-Thursday — 11:00 a.m. to 10:30 p.m. and Friday-
Saturday — 11:00 a.m. to 11 p.m.
h) Any other comments the Committee considered relevant
The applicant is a well renowned chef in Canada and is looking forward to
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.
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Consult— Property owners immediately adjacent to 41 King Street West were consulted
by the Downtown Development staff— of those consulted, there were no concerns.
ACKNOWLEDGED BY: D. Chapman, Deputy CAO & City Treasurer, Finance and
Corporate Services
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