HomeMy WebLinkAboutFCS-18-028 - Request to Add Conditions to a Business Licence - 700 Strasburg RdREPORT TO: Finance and Corporate Services Committee
DATE OF MEETING: April 9, 2018
SUBMITTED BY: Christine Tarling,Director of Legislated Services/City Clerk,519-
741-2200 ext. 7809
PREPARED BY: Helen Fylactou,Manager of Licensing,519-741-2200 ext. 7854
WARD(S) INVOLVED: 6
DATE OF REPORT: February 23, 2018
REPORT NO.: FCS-18-028
SUBJECT: REQUEST TO ADD CONDITIONS TO A BUSINESS LICENCE 700
STRASBURG ROAD
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RECOMMENDATION: That the business licence for Passion Flavour be approved
with the following conditions:
a)That the owner maintains a level of noise that is in accordance with the City
of Kitchener Noise By-law;
b)That the Business does not receive any further Provincial Offence Notices;
and,
c)That the owner complies with all City of Kitchener by-laws.
BACKGROUND:
The Passion Flavour (the Business) is a restaurant/nightclub licensed as a Place of
Refreshment under Chapter 584 and is located at Forest Glen Plaza at 700 Strasburg
Road. Until November 2016, the owner of the Business operated another licensed
Place of Refreshment called Island Grill which was located at 2934 King Street E.
REPORT:
During its operation as Island Grill, the licensed Place of Refreshment received 5 noise
complaint calls within one year. Each time, the owner of the Business was advised
directly of the complaints. Since moving locations and changing the name to Passion
Flavour, staff have received 12 complaints from November 2016 to March 2018.The
calls have resulted in speaking with the owner directly 4 times, 4 Provincial Offence
Notices (PONs) were issued, and 3 summons being issued. Despite several visits from
By-law Enforcement, there has been no effort by the owner to mitigate any of the noise
concerns and therefore, Municipal Law Enforcement Officers continue to respond to
complaints.
*** 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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Through By-law Enforcement staff, Licensing Services has been advised of all the
infractions against the Business. Licensing Services is working with By-law Enforcement
to ensure compliance is being met by the Place of Refreshment. A requirement under
the Chapter is that every licensed business shall ensure that the business is being
conducted in conformity with the provision of any applicable federal or provincial Act,
and any by-law of the City. The Business has continuously been in violation of the City
s Noise By-law, and therefore in violation of the above-noted requirement
under the Business Licensing By-law.
In order to protect public interest as it relates to nuisance control, staff recommends
adding the aforementioned conditions to the business licence for Passion Flavour for
the next year. If the Business does not comply with any of the conditions placed on the
licence, the Manager of Licensing may refer the application or licence to Council or a
Committee of Council to refuse, revoke, or suspend the licence, or to impose further
conditions on the licence.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
vision through the delivery of core service.
FINANCIAL IMPLICATIONS:
The cost of a 2018 Place of Refreshment Renewal is $67.00.
COMMUNITY ENGAGEMENT:
The Manager of Licensing met with the owner of Passion Flavour and has discussed
the noise violations and its potential impact on the business licence. The owner was
advised that the licence was under review and that conditions could be placed on the
licence. The owner will be contacted to discuss any conditions placed on the licence.
INFORM
advance of the council/committee meeting.
ACKNOWLEDGED BY: Lesley MacDonald, Acting Deputy CAO, Finance & Corporate
Services
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