HomeMy WebLinkAboutCRPS-10-011 - Request for Removal of Liquor Licensing Conditions - Lucky's Wings - 320 King St WREPORT
REPORT TO:
Councillor B. Vrbanovic, Chair and Members of the Finance
and Corporate Services Committee
DATE OF MEETING:
January 25, 2010
SUBMITTED BY:
Liquor Licensing Review Committee
PREPARED BY:
Patricia Harris, Manager of Licensing
WARD(S) INVOLVED:
1
DATE OF REPORT: January 15, 2010
REPORT NO.: CRPS-10-011
SUBJECT:
REQUEST FOR REMOVAL OF LIQUOR LICENSING
CONDITIONS - LUCKY'S WINGS - 320 KING ST. W.
RECOMMENDATION:
That Council oppose the request of Justin Novak, owner of Lucky’s Wings, 320 King Street
West to have Conditions #5 and #8 removed from his current liquor licence as issued by the
Alcohol and Gaming Commission of Ontario.
BACKGROUND:
On March 31, 2008 Council heard representation from staff and Mr. Novak regarding a request
for liquor licence that had been made for the premises known as Lucky’s Wings located at 320
King Street West. Council subsequently opposed the issuance of a liquor licence for this
premises unless certain conditions were attached to the licence. A Liquor Licensing Hearing
was requested by Mr. Novak and the AGCO held the hearing on September 3, 2008. At that
time representation was heard by the Hearing Committee from City staff, business owners in the
area and Mr. Novak. A decision was rendered by the AGCO on October 2, 2008 whereby a
liquor licence was issued but with several conditions attached. The conditions included:
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
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. for the first year of operation, stop serving alcohol by 12:01 a.m. and close the business
by 1:00 a.m. daily
5. to provide that only the main floor restaurant/lounge area, comprising 2,550 square feet
with an occupant load of 180 persons and tables set for approximately 70 persons be
licensed;
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6. to notify the Clerk of the City of Kitchener in writing of any application to change the
license at the time of the application for the change is made to the Alcohol and Gaming
Commission of Ontario and not to expand the establishment with the consent of the
City’s Council;
7. to comply with the Noise By-law and the Smoking By-law;
8. not to have the owners of the property work, either as management or employees of the
business, and;
9. these conditions shall bind all successors, assigns and subsequent licence holders (if
any)
REPORT:
The Liquor Licensing Review Committee (LLARC) has received a request from Justin Novak,
owner of Lucky’s Wings, 320 King Street West requesting that Conditions #5 and #8 be
removed from his Liquor Licence. The Alcohol and Gaming Commission (AGCO) has informed
Mr. Novak that City Council must approve the removal of any conditions from his liquor licence
as these conditions were added to the licence through the hearing process as per City Council’s
request.
It is LLARC’s opinion that Conditions #5 and #8 should remain as part of the liquor licence.
When this was first discussed at Council there were concerns expressed that there had been
numerous problems in the rear area of the building from the patrons of the former Passions
Lounge. Waterloo Regional Police have expressed concerns that if the rear portion of the
building is reopened some of the problems that were part of the former business may resurface.
Regarding Condition #8 it is the Committee’s opinion that this condition should remain. The
owners of the building at 320 King Street West are still the same as in 2008 and were involved
in the former Passions. Passions had several incidents of violence when it was in operation and
the Committee believes that it is in the best interest of the City and its citizens that this condition
not be removed.
Finally, under the Liquor Licensing Act, municipalities are not given an opportunity to comment
regarding transfers of liquor licences. There are concerns that specific conditions could be
removed from the liquor licence and then a new owner could take over the business who may
not be a good corporate citizen and problems that had arisen previously could resurface.
FINANCIAL IMPLICATIONS:
None
COMMUNICATIONS:
A copy of this report will be provided to Mr. Novak prior to the Committee meeting.
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ACKNOWLEDGED BY:
Troy Speck, General Manager of Corporate Services
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