The URL can be used to link to this page

Home My WebLink AboutCRPS-06-102 - Liquor Licence Review Application - Fergie's Pub & Deli - 210 King Street EastREPORT Report To: Mayor Zehr and Members of City Council Date of Meeting: July 4, 2006 Submitted By: Liquor License Application Review Committee Prepared By: Patricia Harris, Manager of Licensing Ward(s) Involved: Date of Report: June 29, 2006 Report No.: CRPS-06-102 Subject: LIQUOR LICENCE REVIEW APPLICATION - FERGIE'S PUB & DELI -210 KING STREET EAST RECOMMENDATION: WHEREAS Fergie's Pub & Deli located at 210 King Street East has made application to the Alcohol and Gaming Commission of Ontario for the sale of alcohol in an outdoor area as found in an ad in The Record on June 15, 2006; and, WHEREAS the City's Liquor Licence Review Committee has received comments about the application from neighbouring businesses and the Kitchener Downtown Business Association, who have indicated that the application would have a negative impact on their business and surrounding neighbourhood; therefore Council opposes the application and requests a hearing to be held on behalf of the residents of the municipality; and further, That Council directs staff to request the Alcohol and Gaming Commission of Ontario (the "AGCO") to attach the conditions listed below to the Applicant's liquor licence should the AGCO issue the licence in spite of Council's opposition; 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 as private conditions with the City and may also agree to request the conditions be added to its licence if the AGCO chooses to issue the licence in spite of Council's opposition. 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 a 70% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries) 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. To ensure that its patio operation complies with all federal, provincial and municipal laws including the Ontario Health protection and Promotion Act and the Liquor Licence Act. 8. To ensure that at all times the patio furnishings are situated in a way that does not impede the ingress and egress to the premises or obstruct the access to fire department connections. 9. To equip the patio with a refuse container, clearly visible to the customer. 10. To keep the patio and the area around the patio free from refuse and shall pick up immediately any refusellitter originating from the patio in the area adjacent to the patio to prevent it from blowing around to neighbouring areas. 11. To clean up immediately any spills originating from the operation of the patio in the patio area and in the area adjacent to the patio to prevent spills from being tracked to neighbouring areas/businesses. 12. To remove any stains in the patio area and in the area adjacent to the patio. 13. To erect and maintain a barrier surrounding the patio, such as a chain and post structure, measuring between 42" and 48" in height' to keep the barrier in good repair; and not to construct any chain link fencing. 14. To display an incidental sign within the patio area stating "No shirt, no shoes, no service". 15. To impose a dress code standard on the premises and extend the same to the patio operation, specifically requiring all patrons to wear shirts. The applicant shall be responsible to enforcing said requirement. 16. To provide outdoor supervision of the patio to ensure that the behaviour of patrons is not unreasonable and the applicant shall not permit customers on their patio to yell, shout, whistle or harass passersby in any way. 17. Not to allow people to loiter/congregate within and around the perimeter of the patio. 18. To ensure that all beverages to be consumed in the patio area are served in plastic or acrylic glasses. 19. To ensure that no animals, in particular dogs, are permitted in the patio area or leashed to the patio barrier. The applicant shall not encourage patrons to leash their animals to street furniture or provide water bowls for the animals. 20. 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 an outdoor patio to be located at Fergie's Pub & Deli, 210 King Street East 210 King St.E., Kitchener -view from Market Lane (back of building) x~ . ~ ., ~ , ~~ ~~ ~~ -~~ ~o~~~ ~~~fi ,,., 1 d~k ~3 ~"`~,r°~~'Pj "~~fiu~ ~%? ~:~, "'~~ U s~ s c ~e~F~'GU~~.,v e ~~-A~@4dA'kXdm 110 ~+~~~' g"~ ~P ~15 ' ~ L. ~ A' „~ 4 IG, . ' i, w . . ~ ~ ~~ ~ ~ ~ .,~ ,. . ,~ ~. '~~ ~ ` "A ~ ~ ~~1i~: 12 ~. 411. I j ` I ' a. ., { F a . , .. ~,. ., ,,,,. . fin, ., Y","b~f° 6§~' I ~ ~ ~. I „„,, ~~ Y4~ ' Q ~~' x~,~=° x 4 ~, • ~~t a ~ „ „ ~: e r . .F , .>, ~r r 1,§~:-., .r ~ Y YA1~NX~W .., ~ ~.,.. t 210 King St.E., Kitchener -view from King St. (front of building) 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, buildinglhealth code infractions and liquor license offences The applicant has a current Place of Refreshment Licence - Class A from the City for this location. Staff has no outstanding issues and are unaware of any complaints to the City with respect to this location. However, a police representative will be attending to share any police concerns. b) The proximity of the premises to other licensed establishments There is one licensed establishment in the immediate vicinity. It is Harry's Grill at 200 King Street East. c) The proximity of the premises to other uses such as existing dwelling units There are no residential units inclose proximity to this establishment d) The size of the premises -occupant load and floor area 744 square feet. Occupant load for the patio area is 62 persons. e) The ratio of liquor sales to gross sales 70%. f) The proportion of the premises dedicated to ancillary entertainment Applicant has indicated that there will be no outdoor entertainment "intended". g) The hours of operation Seven days aweek - no specific hours were noted on the application h) Any other comments the Committee considers relevant None COMMUNICATIONS: Property owners immediately adjacent to 210 King St. E. were verbally consulted. Of those consulted, no one had a positive response to the proposed patio, suggesting that the back location will encourage more drinking with minimal supervision and an increase in noise. One business has provided a letter opposing further licensing for this establishment, which in part reads: "The patio license would allow patrons to drink and smoke at Fergie's again, only this time it would be in a very secluded environment at the back of the building.....1 feel Market Lane would be a very dangerous place to be, and that is the last thing this neighbourhood needs. " CONCLUSION: While staff are enthusiastic at the opportunity to welcome open patios in the downtown, staff have concerns about the verbal and written comments received from neighbouring businesses. Therefore, staff must recommend that Council oppose this application, and that in the event the AGCO does approve the application, that the conditions noted in the recommendation be attached to the approval by the AGCO. Silvia Wright, Manager Downtown Community Development Patricia Harris Manager of Licensing Marty Schreiter, Executive Director Kitchener Downtown Business Association