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HomeMy WebLinkAboutCRPS-06-147 - Liquor Licence Review Application - Pho 95 Vietnamese Family Restaurant Inc - 323 King St Wl K KR Corporate Services REPORT Report To: Councillor B. Vrbanovic, Chair and Members of the Finance and Corporate Services Committee Date of Meeting: October 2, 2006 Submitted By: Liquor Licensing Review Committee Prepared By: Patricia Harris, Manager of Licensing Wards} Involved: 6 Date of Report: September 25, 2006 Report No.: CRPS-06-147 Subject: LIQUOR LICENCE REVIEW APPLICATION - PHO 95 VIETNAMESE FAMILY RESTAURANT INC. - 323 KING STREETUVEST RECOMMENDATION: That 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 to oppose the application for a liquor license for Pho 95 Vietnamese Family Restaurant located at 323 King Street West applied for by Le Thi Be Nam (herein referred to as the "Applicant"); And further that: Council authorize the Mayor and Clerk to enter into an agreement with the applicant should it be willing wherein the applicant agrees to abide by the following conditions and to request they be added to its licence if the AGCO chooses to issue the licence: 1. To post in a conspicuous place and abide by the Downtown Licensed Establishments Code of Conduct; 2. To become a member of the Kitchener Downtown Business Association's License and Entertainment Committee and attend its meetings; 3. To abide to 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); 4. To stop serving alcohol by 2:00 a.m. daily. 5. 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's Council; 6. To comply with the noise by-law and the smoking by-law; and 7. 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 applications 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 KDBA, 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 restaurant referred to as Pho 95 Vietnamese Family Restaurant located at 323 King Street West. LIQUOR LICENSE 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 Council on April 19,1999. a~ The owner's andlor operator's performance record, including by-law violations, building/health code infractions and liquor license offences. This is the first establishment that the Applicant has owned. The Applicant has obtained a Place of Refreshment from the City for this location. Staff has no outstanding issues and are unaware of any complaints with respect to this location. b) The proximity of the premises to other licensed establishments There are two licensed establishments in the immediate vicinity. They are Slices, 300 King Street West and Passions Restaurant & Lounge, 320 King Street West. c) The proximity of the premises to other uses such as existing dwelling units There are residential apartments located on the upper floor of 338 King Street West and 350 King Street West. d) The size of the premises -occupant load and floor area The establishment is 2,269 square feet. It is known that a portion of this area applied to the location of 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 was provided indicated 99 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 20% which is less than other restaurant operations. 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 establishment will be operated seven days a week. The hours of operation will be Sunday to Thursday 10:00 a.m. to 10:00 p.m. and Friday and Saturday 10:00 a.m.to 11:00 p.m h) Any other comments the Committee considered relevant. This restaurant has been licensed as a Place of Refreshment with the City since 1993. The ownership of the restaurant has changed and the AGCO has required the new owner to apply for a new liquor licence. FINANCIAL IMPLICATIONS: None COMMUNICATIONS: A copy of this report will be provided to the Applicant prior to the Committee date. CONCLUSION: Staff has no concerns about the Applicants understanding and practice related to operating the restaurant specifically in terms of the serving of liquor. The Applicant has shown appropriate conduct in the operation of an establishment which would be deserving of a liquor licence in the downtown. Therefore, Staff recommends that Council accept this application, and that in the event that the AGCO approves the application that the conditions noted in the recommendation be attached to the approval by the AGCO Patricia Harris Silvia Wright Manager of Licensing Manager of Downtown & Community Development Marty Schreiter, Executive Director Kitchener Downtown Business Association FINANCIAL IMPLICATIONS (MRS) PATRICIA HARRIS MANAGER OF LICENSING