HomeMy WebLinkAboutCRPS-07-083 - Liquor Licence Review Application - Pho Son Lam - 265 King Street EastREPORT
Report To: Councillor B. Vrbanovic, Chair and Members of the Finance
and Corporate Services Committee
Date of Meeting: June 18, 2007
Submitted By: Liquor Licensing Review Committee
Prepared By: Patricia Harris, Manager of Licensing
Ward(s~ Involved: 6
Date of Report: June 7, 2007
Report No.: CRPS-07-083
Subject: LIQUOR LICENCE REVIEW APPLICATION - PHO SON LAM
- 265 KING STREET EAST
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 Son Lam located at 265 King Street East,
applied for by Ngor Thi Lam (herein referred to as the "Applicant"}:
And further that:
Council authorize the Mayor and Clerk to enter into an agreement with the applicant should he
be willing wherein the applicant agrees to abide by the following conditions and to request they
be added to her 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 of 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 smoking by-law; and
7. These conditions shall bind all successors, assigns and subsequent licence holds cif 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 Son Lam
located at 265 King Street East - as pictured below.
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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
applied for a Place of Refreshment Licence from the City for this location.
b} The proximity of the premises to other licensed establishments.
There are two licensed establishments located in close proximity to this
establishment. They are: Pho Dau Bo - 301 King Street East and Marina's - 323
King Street East.
c} The proximity of the premises to other uses such as existing dwelling units
There are apartments located across the street at 260 King Street East.
d) The size of the premises -occupant load and floor area
The establishment is 2000 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 80 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 5%.
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 Monday to
Sunday from 10 a.m. to 10 p.m.
h} Any other comments the Committee considered relevant.
This restaurant is currently licensed with the City of Kitchener as a Class C- Place of
Refreshment Licence which does not permit the sale of liquor. A licensing hearing is
pending for the previous owner. The new owner has indicated that he plans to
operate the business as a family style restaurant serving Chinese & Vietnamese food
with alcohol being a small portion of his sales.
FINANCIAL IMPLICATIONS:
None
COMMUNICATIONS:
A copy of this report will be provided to the Applicant prior to the Committee date. Property
owners immediately adjacent to 265 King Street East were verbally consulted by KDBA and
Downtown Development staff - of those consulted, there were no concerns. At the writing of
this report, no further comments have been received.
CONCLUSION:
In the event the AGCO approves the application, the conditions noted in the recommendation
be attached to the approval by the AGCO.
Patricia Harris
Manager of Licensing
Linda Stewart, Acting Executive Director
Silvia Wright, Manager
Downtown Community Development
Kitchener Downtown Business Association