HomeMy WebLinkAboutCOR-2023-246 - Appointment of Licensing Tribunal Members
Corporate Services Department www.kitchener.ca
REPORT TO: Finance and Corporate Services Committee
DATE OF MEETING: June 5, 2023
SUBMITTED BY: Amanda Fusco, Director, Legislated Services/City Clerk, 519-741-2200
ext. 7809
PREPARED BY: Helen Fylactou, Manager, Licensing, 519-741-2200 ext. 7854
WARD(S) INVOLVED: 9
DATE OF REPORT: May 16, 2023
REPORT NO.: COR-2023-246
SUBJECT: Appointment of Licensing Tribunal Members
RECOMMENDATION:
That Councillors 1.________________, 2._______________, and 3._______________ be
appointed as the members of the Licensing Appeal Tribunal.
REPORT HIGHLIGHTS:
This report supports the delivery of core services.
BACKGROUND:
Chapter 599 (Licensing and Regulations of Businesses) of the City of Kitchener Municipal Code
governs the licensing and renewal of businesses. As part of the business licensing regulations,
the Manager of Licensing has the authority to impose conditions, suspend or revoke a business
licence if they find the business is in violation of Chapter 599, or other applicable bylaws, or Acts.
The Business Owner (the Licensee) then has the right to request an Appeal of the decision made
by the Manager of Licensing to the Licensing Appeal Tribunal.
Over the past year, Licensing staff has collaborated closely with our By-law Enforcement team,
Waterloo Regional Police Service, and the Alcohol and Gaming Commission of Ontario in
order to address concerns pertaining to Afro East Restaurant, a licensed food shop situated at
91 Queen Street South. Multiple complaints have been received against the establishment,
and investigations have confirmed that these complaints are valid. The complaints span a wide
range, encompassing issues such as excessive noise and garbage, violations of Fire Code
regulations, infringements of Liquor Licensing regulations, as well as multiple infractions of the
Criminal Code.
In response to these ongoing problems and violations, the Licensee was initially issued a
verbal warning, followed by conditions placed on their licence. Unfortunately, the Licensee has
failed to fulfill these conditions, and as such, the Manager of Licensing revoked their business
licence.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
REPORT:
On May 10, 2023, the Manager of Licensing informed the Licensee that their business licence
would be revoked due to the ongoing and unresolved issues, and the violations of the licence
conditions. Following the decision, the Licensee has requested an appeal.
In order to facilitate the appeal, Staff is requesting the appointment of 3 councillors to serve as
members for the Licensing Appeal Tribunal for the upcoming hearing concerning Afro East
Restaurant.
In previous Tribunals, the ward councillor is usually not one of the appointed members of the
Licensing Appeal Tribunal in order to avoid any potential perceptions of bias.
The hearing will be scheduled to take place after the summer recess. It is anticipated that the
hearing will take place in the morning; however, members of the Licensing Appeal Tribunal
should allocate the entirety of the workday. The Licensing Appeal Tribunal may recommend,
with respect to the Food Shop Licence, to Council whether:
To support the revocation of the licence;
To suspend the licence;
To grant the licence; or,
To grant the licence with conditions.
The appointed members and applicant will receive a notice of the location and time of the
Licensing Appeal Tribunal. In general, the request for a Licensing Appeal Tribunal is infrequent
as the initial step is always to mitigate and address concerns.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
The renewal fee for a food shop licence is $255.00. There is no fee for a Licensing Appeal
Tribunal.
COMMUNITY ENGAGEMENT:
INFORM
council / committee meeting.
PREVIOUS REPORTS/AUTHORITIES:
There are no previous reports/authorities related to this matter.
APPROVED BY: Victoria Raab, General Manager, Corporate Services