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Home My WebLink AboutPD-251-88 DN: 251-88 TOWN OF NEWCASTLE J REPORT F I # /,J Res. . By-Law # MEETING: General Purpose and Administration Committee DATE: Monday, November 21, 1988 REPORT #: PD-251-88 FILE #: PLN 4.1 SUBJECT: WAVERLY PLAZA - COZY COUNTRY RESTAURANT DINING ROOM LICENCE PART LOT 13, CONCESSION 1, FORMER TOWN OF BOWMANVILLE FILE: PLN 4.1 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-251-88 be received for information. i 1. BACKGROUND: 1.1 Council by resolution, requested that Staff review the zoning of the Waverly Plaza to ensure compatibility with the residential uses in the immediate area. 1.2 By correspondence addressed to the Clerk of the Town of Newcastle, Planning Staff was advised that Cozy Country Restaurant, 96 Waverly Road, had made an application to the Liquor Licence Board for a "Dining Room Licence." 2. ZONING BY-LAW: 1 2.1 Within Zoning By-law 84-63, the subject lands are located within a "General Commercial (Cl)" zone. The list of permitted uses in a (Cl) zone includes . . .2 REPORT 00. : PD-25I-88 PAGE 2 _______________________________________________________________________________ an eating establishment. By definition, an eating establishment shall mean a building or part of a building where food is offered for amIe or sold to the public for immediate consumption primarily on premises, and includes a restaurant, dining room, dairy bar, coffee shop, snack bar or refreshment room or stand; but does not include a boarding or lodging home. 3. STAFF COMMENTS: 3.1 Staff was advised by the Liquor Licence Board that a "Dining Room Licence" would permit the sale of beer and wine only. Furthermore, the licence would stipulate that a minimum of forty percent (40%) of the gross uaIao of the establishment would have to be received through the sale of food items. 3.2 As noted in Dwuiug By-law 84-63v the principle component of an eating establishment involves the sale of food items primarily on premises. 3.3 It is Staff's opinion that inasmuch as the issuance of u Liquor Licence is to be considered accessory to the principle use, being m restaurant, Staff would have no objections to the Licence request. ( Respectfully submitted, Recommended for presentation to the Committee / | -------------------------- -�7^~�^ --------------- Franklin Wu, y0.C.I.P. Lawrence taeff Director of Planning & Development Chief Ad otcative Officer LDT*FW* 'ip *Attach. November 10, 1988 DN: 251-88 TOWN OF NEWCASTLE ' REPORT File # Res. # W'%� l6,-di -- ----- -- By-Law # MEETING: General Purpose and Administration Committee DATE: Monday, December 12, 1988 REPORT #: Addendum to PD-251-88 FILE #: PLN 4.1 and PLN 5.4 SUBJECT: ADDENDUM TO REPORT PD-251-88 WAVERLY PLAZA - COZY COUNTRY RESTAURANT DINING ROOM LICENCE PART LOT 13, CONCESSION 1, FORMER TOWN OF BOWMANVILLE FILE: PLN 4.1 and PLN 5.4 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Addendum to Report PD-251-88 be received; and 2. THAT Report PD-251-88 be lifted from the table; and I 3. THAT the Liquor Licence Board be advised forthwith that the Town has no objection to the liquor licence sought by Cosy Country Restaurant provided that the Licensing Board strictly enforce the licence. 1. BACKGROUND: i 1.1 Committee and Council, by resolution, requested that a Report be forwarded to the General Purpose and Administration Committee outlining the conditions attached to the Cozy Country Restaurant Dining Room Licence and the differences of any between this licence and the one previously obtained. 2. STAFF COMMENTS: 2.1 As noted in Staff Report PD-251-88, the Liquor Licence Board indicated that a "Dining Room Licence" would permit the sale of beer and wine only. The licence stipulations require that a minimum of forty percent (40%) of the gross sales must be received through the sale of food items. . . .2 ADDENDUM TO REPORT PD-251-88 PAGE 2 ------------------------------------------------------------------------------- 2.2 The business hours of operation within which beer and wine can be offered for sale are: 11:00 A.M. to 1:00 A.M. - Monday to Saturday 12:00 NOON to 11:00 P.M. - Sunday 2.3 The Assistant Licensing Officer for the Newcastle area confirmed that in consideration of Council's previous comments, the most recent application was to be advertised in the Bowmanville Canadian Statesman on November 23rd and 30th, 1988. 2.4 Additionally a Public Notice Placard was mailed to the applicant to be located in a prominent place and in full public view. 2.5 The licensing board requires that the applicant attend an Education Training Program. It is a prerequisite that all applicants attending the public meeting for licenses, attend this training session. The session itself, introduces the new licence holders and present licencees with the knowledge that will enable them to operate their business, in accordance with the Liquor Licence Act and regulations. 2.6 The Licensing Officer confirmed that there was no difference from the previous licence, other than noting that the present application was advertised in the local newspaper. 2.7 The public meeting has been scheduled by the Licensing Board for j Wednesday, December 14, 1988 at 10:00 A.M. , to be held at City Hall, 50 Centre Street South, Council Chambers in Oshawa. Respectfully submitted, Recommended for presentation to the Committee - -- --==-- - `- - - - ------------------ Franklin Wu, M.C.I.P. awrenc Kotseff Director of Planning & Development Chief A m n'strative Officer LDT*FW*jip *Attach. November 30, 1988 I DN: 251-88 TOWN OF NEWCASTLE ' REPORT File # Res. # By-Law # MEETING: General Purpose and Administration committee DATE: Monday, November 21, 1988 REPORT #: PD-251-88 FILE #: PLN 4.1 SUBJECT: WAVERLY PLAZA - COZY COUNTRY RESTAURANT DINING ROOM LICENCE PART LOT 13, CONCESSION 1, FORMER TOWN OF B94MAWILLE FILE: PLN 4.1 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-251-88 be received for information. 1. BACKGROUND: 1.1 Council by- resolution, requested that Staff review the zoning of the Wav\rly Plaza to ensure compatibility with the residential uses in the immediate area. 1.2 By correspondence addressed to the Clerk of the Town of Newcastle, Planning Staff was advised that Cozy Country Restaurant, 96 Waverly Road, had made an application to the Liquor Licence Board for a "Dining Room Licence." i 2. ZONING BY-LAW: i 2.1 Within Zoning By-law 84-63, the subject lands are located within a "General Commercial (Cl)" zone. The list of permitted uses in a (Cl) zone includes I i ...2 I REPORT NO. : PD-251-88 PAGE 2 ------------------------------------------------------------------------------- an eating establishment. By definition, an eating establishment shall mean a building or part of a building where food is offered for sale or sold to the public for immediate consumption primarily on premises, and includes a restaurant, dining room, dairy bar, coffee shop, snack bar or refreshment room or stand; but does not include a boarding or lodging home. 3. STAFF COMMENTS: 3.1 Staff was advised by the Liquor Licence Board that a "Dining Room Licence" would permit the sale of beer and wine only. Furthermore, the licence would stipulate that a minimum of forty percent (40%) of the gross sales of the establishment would have to be received through the sale of food items. 3.2 As noted in Zoning By-law 84-63, the principle component of an eating establishment involves the sale of food items primarily on premises. 3.3 It is Staff's opinion that inasmuch as the issuance of a Liquor Licence is to be considered accessory to the principle use, being a restaurant, Staff would have no objections to the Licence request. Respectfully submitted, Recommended for presentation to the Committee -------------------------- ----------------------------- Franklin Wu, M.C.I.P. Lawrence E. Kotseff Director of Planning & Development Chief Administrative Officer LDT*FW*jip *Attach. November 10, 1988 I