Loading...
HomeMy WebLinkAboutCRPS-07-012 - Liquor Licence Review Application - Café Europe - 91 Queen St. S./ t~~`~ VIIP ' - ^~- KITCHF.NF.R Corporate Services Report To: Councillor B. Vrbanovic, Chair and Members of the Finance and Corporate Services Committee Date of Meeting: January 16, 2007 Submitted By: Liquor Licensing Review Committee Prepared By: Patricia Harris, Manager of Licensing Ward(s) Involved: 6 Date of Report: January 16, 2007 Report No.: CRPS-07-012 Subject: LIQUOR LICENCE REVIEW APPLICATION -CAFE EUROPE - 91 QUEEN STREET SOUTH 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 Cafe Europe located at 91 Queen Street South, applied for by Svetlana Laketa (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 35% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries) (in other words, alcohol sales will be limited to 35% 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 Cafe Europe located at 91 Queen Street South, Unit 1. 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 and/or 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. The Northern Thai Restaurant located at 95 Queen Street South is the only licensed establishment in the immediate vicinity. c) The proximity of the premises to other uses such as existing dwelling units There are residential apartments located at 103 Queen Street South and 104 Queen Street South. d) The size of the premises -occupant load and floor area The establishment is 494.47 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 that was provided indicated 20 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 35% which is standard for 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 from 9 a.m. to 12 midnight. h) Any other comments the Committee considered relevant. This restaurant has been licensed as a Place of Refreshment with the City for several years. It is a well maintained small cafe that has presented no problems to surrounding businesses and is a positive contribution to vitality on the street. 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