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HomeMy WebLinkAboutCRPS-09-028 - Liquor Licence Review Appl - The GigREPORT Report To: Mayor C. Zehr and Members of Council Date of Meeting: March 23, 2009 Submitted By: Liquor Licensing Review Committee Prepared By: Patricia Harris, Manager of Licensing Ward(s) Involved: Date of Report: March 5, 2009 Report No.: CRPS-09-028 Subject: Liquor Licence Review Application - 2190042 Ontario Inc. - 30 Duke Street West Unit 107 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 The Gig located at 30 Duke Street West, Unit 107 applied for by 2190042 Ontario Inc. therein referred to as the "Applicant"); and further That the Mayor and Clerk be authorized to enter into an agreement with the applicant should they be willing wherein the applicant agrees to abide by the following conditions and to request they be added to their licence if the Alcohol and Gaming Commission of Ontario 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 an active member of the Kitchener Downtown Business Association's License and Entertainment Committee and attend its meetings; 3. to abide by 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 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 Kitchener Downtown Business Association (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 public hall referred to as The Gig Music Hall located at 30 Duke Street West, Unit 107. ~ ~ q~~ ~ ~,. ,, ~~ ~~~: ~„ ~ ~~~ ~ yg~ ~ ~~". ~ iw; 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 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 currently holds a public hall licence with the City of Kitchener. b) The proximity of the premises to other licensed establishments There are two licensed establishments in close proximity to this establishment. They are New Amsterdam Cafe & Deli - 30 Duke Street West and One Eyed Jacks - 45 Duke Street West. c) The proximity of the premises to other uses such as existing dwelling units There are no residences located within 1 block of the establishment d) The size of the premises -occupant load and floor area The establishment is 8800 square feet. It is known that a portion of this area applied to the location of seating area, tables, 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 550 persons for the theatre and 125 persons for the lounge. 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 20%. f} The proportion of the premises dedicated to ancillary entertainment None g) The hours of operation The applicant has indicated that the establishment will be operated Monday to Friday 6:00 p.m. to 1:00 a.m. and Saturday and Sunday 1:00 p.m. to 1:00 a.m. h) Any other comments the Committee considered relevant None FINANCIAL IMPLICATIONS: None COMMUNICATIONS: A copy of the report will be provided to the Applicant prior to the Committee date. Property owners immediately adjacent to 30 Duke 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. Patricia Harris Manager of Licensing Mark Garner, Executive Director Silvia Wright, Manager Downtown Community Development Kitchener Downtown Business Association