HomeMy WebLinkAboutCRPS-06-061 - Licensing Application Hearing - Red Lantern
Report To: Mayor C. Zehr & Members of Council
Date of Meeting: April 3, 2006
Submitted By: R. Gosse
Director of Legislated Services
Prepared By: R. Gosse
Ward(s) Involved: 6 -West Victoria Park Ward
Date of Report: April 3, 2006
Report No.: CRPS-06-061
Subject: LICENSING APPLICATION HEARING -RED LANTERN
RECOMMENDATION:
That a hearing be held under the authority of the Municipal Act, 2001, to determine whether to
issue a licence, issue a licence with special conditions or refuse the licence with respect to a
licence application for the business Red Lantern, 265 King Street E.; and,
That Councillors and (alternate) be appointed as
members of the tribunal; and further,
That the hearing, to be held at Kitchener City Hall be scheduled as soon as possible and notice
be given, following which a report will be submitted to Council for its consideration.
BACKGROUND:
An application for a Place of Refreshment, Class A (sale of liquor) business licence was
received for a restaurant to be located at 265 King Street E. The applicant is the former
owner/operator of the Happy Family Restaurant, 16 College Street which closed for business in
2005. Prior to the closure of The Happy Family restaurant, the City's Licensing Section was
considering submitting a report to Council recommending a review of the business licence
based on complaints from the public, observed occurrences and information from the Waterloo
Regional Police Services. Submission of the report was no longer required when the business
closed. The application for the new restaurant at 265 King Street E. prompted staff to
investigate the issues surrounding The Happy Family restaurant and staff have learned that the
owner was convicted on 3 charges under the Liquor Licence Act in 2005.
REPORT:
Section 150 (8) of the Municipal Act, as amended, provides that Council may refuse or impose
conditions on a licence. In exercising the power conferred in this section of the Act, Council shall
exercise its discretion upon the grounds that the conduct of any person, including the officers,
directors, employees or agents of a corporation, affords reasonable cause to believe that the
person will not carry on or engage in the business in accordance with the law or with honesty
and integrity. Based on the information received from the Courts, staff believe the application for
the licence requires review and Council decision on that review.
COMMUNICATIONS:
Should a hearing be scheduled then notice will be sent via registered mail to the applicant and
their lawyer advising of the date, time and location.
R. Gosse
Director of Legislated Services