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HomeMy WebLinkAboutCRPS-08-040 - Liquor Licence Review Application - Energy Café - 21 Weber St. W.Report To: Mayor C. Zehr and Members of City Council Date of Meeting: March 17, 2008 Submitted By: Liquor Licensing Review Committee Prepared By: Patricia Harris, Manager of Licensing Ward(s~ Involved: 1 Date of Report: February 29, 2008 Report No.: CRPS-08-040 Subject: LIQUOR LICENCE REVIEW APPLICATION -ENERGY CAFE-21 WEBER STREETWEST 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 Energy Cafe located at 21 Weber Street West applied for by Vukalo Marko (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 his 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 60% monthly ratio of alcohol sales to gross refreshment sales including food and other sundries) in other words alcohol sales will be limited to 60% 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; 7. To ensure that security or staff be in attendance on the patio between 11 p.m. and 2:00 a.m. to monitor the noise level. 8. 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 Energy Cafe located at 21 Weber 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 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 Licence from the City for this location. Under previous owners, this establishment received several liquor licence suspensions from the AGCO, the most recent ending January of 2007. b) The proximity of the premises to other licensed establishments. There are no licensed establishments within close proximity of this establishment. c) The proximity of the premises to other uses such as existing dwelling units There are no residences within one block of the property. d) The size of the premises -occupant load and floor area The establishment is 900 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 70 persons. 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 7 days a week from 10 a.m. to 2 a.m. h) Any other comments the Committee considered relevant. This restaurant has been licensed as a Place of Refreshment with the City since 2001. The ownership of the restaurant has changed and the AGCO is requiring the new owner to apply for a new liquor licence. The name of the restaurant will remain the same. This restaurant under previous ownership has had several liquor licence suspensions issued by the AGCO in the past few years; the last suspension ending in mid January 2007 as well as several noise complaints in the past several years. FINANCIAL IMPLICATIONS: None COMMUNICATIONS: A copy of this report will be provided to the Applicant prior to the Council meeting date. Property owners immediately adjacent to 21 Weber Street West were verbally consulted by the 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 recommendations be attached to the approval by the AGCO. Patricia Harris Manager of Licensing Silvia Wright, Manager Downtown & Community Development Mark Garner, Executive Director Kitchener Downtown Business Association