HomeMy WebLinkAboutCOR-2023-536 - Licensing Appeal Tribunal - Chapter 599 (Food Shop Licence)Staff Report
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Corporate Services Department www.kitchener.ca
REPORT TO: Committee of the Whole
DATE OF MEETING: November 6, 2023
SUBMITTED BY: Licensing Appeal Tribunal
PREPARED BY: Marilyn Mills, Committee Coordinator, 519-741-2200 ext. 7275
WARD(S) INVOLVED: All
DATE OF REPORT: November 24, 2023
REPORT NO.: COR -2023-536
SUBJECT: Licensing Appeal Tribunal - Chapter 599 (Food Shop Licence)
RECOMMENDATION:
That the decision of the Licensing Appeal Tribunal, attached as Appendix `A' to Corporate
Services Department Report COR -2023-536, wherein the Committee affirms the
revocation of a food shop licence (Chapter 599 - City of Kitchener Municipal Code) issued
to Mr. K. Abraha for the operation of Afro -East Restaurant Inc., at the property municipally
addressed as 91 Queen Street South, Kitchener, Ontario, be approved.
REPORT HIGHLIGHTS:
• The Manager of Licensing issued a revocation of the Food Shop Licence for Afro -East
Restaurant Inc. as the conditions for maintaining the Food Shop Licence were not being
complied with.
• On November 16, 2023, the Licensing Appeal Tribunal convened to consider an appeal to
the Manager of Licensing's decision to revoke the licence, Appeal 2023-01 related to the
Food Shop Licence for the property municipally addressed as 91 Queen Street South.
• The City's Licensing Tribunal, based on testimony and evidence provided at the hearing,
affirmed the decision to revoke the Food Shop Licence.
• This report supports the delivery of core services.
BACKGROUND:
Chapter 599 of the City of Kitchener Municipal Code governs the licensing and regulation of
businesses. Afro -East Restaurant Inc., operating at 91 Queen Street South was issued a
business licence on June 20, 2022. While operating, several concerns were raised related to
operation of the business. After several meetings and attempts to have the owner rectify these
concerns, the Manager of Licensing imposed conditions on the Food Shop Licence. Following
violations of the conditions imposed on the licence, the Manager of Licensing revoked the licence
on May 10, 2023.
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On May 19, 2023, the owner and licensee of the subject property, Mr. K. Abraha submitted a
notice of appeal to the revocation of the Food Shop licence and was permitted to continue
operating the food shop, subject to the original conditions imposed on the licence, until a
Licensing Appeal Tribunal hearing was held.
On August 16, 2023, following subsequent violations of the conditions on the licence, the
Manager of Licensing issued an Order to Discontinue operations of the establishment (with the
exception of one pre -scheduled religious ceremony), until the final disposition of the appeal.
REPORT:
The Licensing Appeal Tribunal, established by the Council pursuant to Chapter 599 of the City of
Kitchener Municipal Code, the Ontario Municipal Act, 2001 and the Statutory Powers Procedure
Act, sat on November 16, 2023 to consider submissions to determine whether or not to refuse a
Food Shop Licence to Afro -East Restaurant Inc. operating at 91 Queen Street South, Kitchener,
Ontario.
The Committee considered the following:
• testimony provided on behalf of the Respondent by: H. Fylactou, Manager of Licensing,
City of Kitchener; J. Spalling, Constable, Waterloo Regional Police Service; I. Mishael,
Manager of By-law Enforcement, City of Kitchener; C. Gowing, Fire Prevention Officer
demonstrating that there were ongoing issues related to Afro -East Restaurant Inc.
including violent incidents requiring Police service, noise disturbances, Bylaw complaints,
liquor offences and fire code violations, in contravention to the conditions of the Food
Shop Licence.
• testimony of H. Esak and Y. Tekle, Witnesses for the Licensee, noting the business owner
had taken steps to address violations of the conditions of the Food Shop Licence.
• testimony of K. Abraha, Licensee and owner of Afro -East Restaurant Inc. in opposition to
the claim of non-compliance to the conditions imposed on the Food Shop Licence; and
requesting the Committee permit the Food Shop Licence with conditions.
In addition, the Committee reviewed and considered the provisions of Chapter 599 (Licensing
and Regulation of Businesses) of the City of Kitchener Municipal Code and recommended that
having considered all the evidence and exhibits presented during the Hearing, the revocation of
the Food Shop Licence applied to Afro -East Restaurant Inc. be confirmed.
STRATEGIC PLAN ALIGNMENT:
The recommendation of this report supports the achievement of the city's strategic vision through
the delivery of core service.
FINANCIAL IMPLICATIONS:
There are no financial implications associated with this report.
COMMUNITY ENGAGEMENT:
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INFORM — All those in attendance at the November 16, 2023 Hearing were advised of the
Tribunal's decision and that it would be considered at the December 11, 2023 Council meeting
as required by the By-law. In addition, a Notice of Decision was sent to the Appellant and the
Respondents by email and registered mail on November 23, 2023; thereby, further notifying both
parties of the date the Tribunal's decision would be considered by Council and the process for
registering as a delegation.
PREVIOUS REPORTS/AUTHORITIES:
There are no previous reports/authorities related to this matter.
ACKNOWLEDGED BY: Victoria Raab, General Manager, Corporate Services
Attachment A — Licensing Tribunal Decision
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NOTICE OF DECISION
LICENSING TRIBUNAL
November 16, 2023 Hearing
(APPEAL #2023-01)
ISSUED at Kitchener this 23rd day of November, 2023
TO: Kidane Abraha
308-460 Winona Drive
Toronto ON M6C 3V1
IN THE MATTER OF Chapter 599, entitled
"Licensing and Regulation of Businesses"
of the City of Kitchener Municipal Code;
AND IN THE MATTER OF the Ontario Municipal Act, 2001,
as amended;
AND IN THE MATTER OF the Statutory Powers Procedure Act,
RSO 1990, Chapter S. 22, as amended;
That the Licensing Tribunal established by the Council of the Corporation of the City of
Kitchener pursuant to Chapter 599 of the City of Kitchener Municipal Code, the Ontario
Municipal Act, 2001 and the Statutory Powers Procedure Act, sitting on November 16, 2023
to consider the submissions to determine whether or not to refuse a Food Shop Licence to
Afro -East Restaurant Inc. operating at 91 Queen Street South, Kitchener, Ontario, reports
as follows:
The Tribunal was convened on November 16, 2023 to consider Appeal 2023-01 related to
the Food Shop Licence for the property municipally addressed as 91 Queen Street South.
Having considered all of the evidence and exhibits presented on behalf of the City by E.
Kearney, Associate City Solicitor, including evidence and testimony from H. Fylactou,
Manager of Licensing that the conditions for maintaining the Food Shop licence were not
being complied with; as well as the evidence and testimony from; H. Fylactou, Manager of
Licensing , J. Spalling, Constable, Waterloo Regional Police Service; I. Mishael, Manager
of By-law Enforcement; C. Gowing, Fire Prevention Officer; Witnesses for the City that 91
Queen Street South was not being managed in accordance with the conditions imposed on
the licence. The Committee further heard evidence presented on behalf of the Licensee
from K. Abraha, Licensee, as well as H. Esak and Y. Tekle, Witnesses on behalf of the
Licensee in opposition to the claim of non-compliance related to the conditions imposed on
the food shop licence.
Following the summations, the Tribunal members adjourned to review the matter and
rendered its decision. The Tribunal's decision is set out herein and is being forwarded to all
the interested parties.
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Page 2
NOTICE OF DECISION: NOVEMBER 16, 2023
APPEAL #2023-01 — FOOD SHOP LICENCE
Accordingly, the Tribunal recommends the following:
That a Food Shop Licence issued to Kidane Abraha for the property municipally
addressed as 91 Queen Street South, Kitchener Ontario, be revoked.
It is in the opinion of the Tribunal that the recommendation complies with Section 599.8.6
of outlined in Chapter 599 (Licensing and Regulation of Businesses) of the City of
Kitchener Municipal Code that the licensee has not complied with the following: (d) the
Manager of Licensing received an unfavourable report regarding an investigation carried
out pursuant this Chapter or any other by-law of the City; (f) the past or present conduct
of any person, including the officers, directors, employees or agents of a corporation,
affords reasonable cause to believe the person will not carry on or engage in the business
in accordance with the law or with honesty and integrity; (g) without limiting the generality
of section 599.8.5.f), any Person, including the officers, directors, employees or agent of
a corporation, has contravened this Chapter or any other by-law of the City or federal or
provincial statue or regulation while engaged in or conducting the business; and (h) any
special conditions placed on a former or current Licence of the Applicant or Licensee
under this Chapter have not been met.
The Licensee, the City, and all witnesses are hereby advised that this matter will be heard
by Kitchener City Council at a meeting scheduled for Monday, December 11, 2023 at 7:00
p.m. and, individuals may register as a delegation for the Council meeting to address the
matter by 5:OOpm on Monday, December 11, 2023 by contacting
delegation @kitchener.ca.
DATED at Kitchener, this 23rd day of November 2023.
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NOTICE OF DECISION: NOVEMBER 16, 2023
APPEAL #2023-01 - FOOD SHOP LICENSE
LICENSING TRIBUNAL
COUNC&L-R A. OWODUNNI
COUNCILLOR S. DAVE
Y
ISSUED BY:
M. Mills, Committee Administrator of the Licensing Tribunal
Legislated Services Division of the Department of Corporate Services
200 King St. W., Kitchener, ON N2G 4G7 Tel. (519) 741-2200 ext. 7275
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