HomeMy WebLinkAboutCRPS-10-013 - Referral to a Licensing Hearing - 1776458 Ontario Inc - o/a Fusion Bar & Grill - 15 Scott StREPORT
REPORT TO:
Councillor B. Vrbanovic, Chair and Members of the Finance
and Corporate Services Committee
DATE OF MEETING:
January 25, 2010
SUBMITTED BY:
R. Gosse, Director of Legislated Services/City Clerk
PREPARED BY:
Patricia Harris, Manager of Licensing
WARD(S) INVOLVED:
1
DATE OF REPORT: January 18, 2010
REPORT NO.: CRPS-10-013
SUBJECT:
REFERRAL TO A LICENSING HEARING - 1776458
ONTARIO INC. - O/A FUSION BAR & GRILL - 15 SCOTT
STREET
RECOMMENDATION:
The Committee’s direction is requested.
BACKGROUND:
Section 1 of Schedule ‘A’ – Business Licence Procedure of Chapter 584 (Refreshment Places)
requires that upon receipt of a complete licence application the Manager of Licensing shall
either issue or renew a licence hereunder or shall refer the matter to Council or a Committee of
Council where appropriate under the provisions of this Chapter or any other by-law of Council.
Section 7(c) of Schedule ‘A’ – Business Licence Procedure of Chapter 563 states that the
Manager of Licensing may refer an application or a licence to Council or a Committee of Council
where “the past or present conduct of any person, including the officers, directors, employees or
agents of a corporation, affords reasonable cause to believe that the person will not carry on or
engage in the business in accordance with the law or with honesty and integrity.
REPORT:
On December 4, 2009 information was received from the Waterloo Regional Police regarding
several occurrences that had been linked to the address where Fusion Bar & Grill operates.
Further information has been requested by the Manager of Licensing through Freedom of
Information regarding these incidents.
In reviewing the Licence renewal application for Fusion Bar & Grill, located at 15 Scott Street in
Kitchener there are matters that have come to the attention of the Manager of Licensing from
the Waterloo Regional Police regarding approximately 30 occurrences in the past year linked to
the establishments address ranging from disturbances to assaults. The Manager has
determined that a licence should not be issued at this time. Due to the possible seriousness of
these matters from a safety perspective, application for renewal of the licence is being referred
to Council.
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At this time Council has two options; direct staff to immediately issue a licence or, in order to
facilitate the review of the licence and afford the licensee the opportunity to respond to the
allegations, refer the matter to a Licensing Hearing. Should Council decide to refer the matter to
a hearing, consideration may be given to issue an interim or temporary licence to the owners
until the hearing has taken place. Should a temporary licence be issued, staff is suggesting it
be for the period ending June 30, 2010. This would allow sufficient time for all parties to
prepare for the hearing and yet ensure that it is held in a timely manner.
FINANCIAL IMPLICATIONS:
None
COMMUNICATIONS:
The applicant (owner of Fusion Bar & Grill) has been notified and has received a copy of this
report.
ACKNOWLEDGED BY: Troy Speck, General Manager of Corporate Services
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