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HomeMy WebLinkAboutP-103-81 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N.SMITH,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1JO TEL.(416)263-2231 REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF MAY 25, 1981. REPORT NO.: P-103-81 SUBJECT: Liquor Licence Board of Ontario Queen's Hotel, Newcastle Reclassification from "Hotel" to "Tavern" RECOMMENDATION: It is respectfully recommended that: 1. This Report be received; and 2. Mr. R. R. Mills, Liquor Licence Board, Licence Officer be forwarded a copy of this Report in reply to his corres- pondence of April 30, 1981; and 3. The Owners of the Queen's Hotel Ltd. be requested to file a rezoning application in respect of this matter. BACKGROUND & COMMENT: The above-noted correspondence (copies attached) were referred to the Planning and Development Department for review of the applicable zoning as required under the Liquor Licence Act Regulations. 2 - As noted in the attached memorandum, the provisions of By-law 79-44 of the Town of Newcastle, do not contemplate the establishment of a "Tavern" on the property, rather the By-law permits a hotel, that may or may not be licenced. Although a substantial change in the use of the property does not appear to be contemplated, a rezoning is required. Staff have drafted the above-noted recommendations, noting that upon rezoning it would be appropriate to provide the Liquor Licence Board with the other information requested (i.e. a comment on the elimin- ation of the bedroom accommodations and a Council resolution in respect of same) . Respectfully submitted, r� DNS:lb D. N. Smith, M.C.I.P. May 19, 1981 Director of Planning MEMORANT D UM i TO: D. Oakes, Clerk FROM: D. N..'Smith, M.C.I.P., Director of Planning DATE: May 12, 1981 SUBJECT: Queen's Hotel, king and Church Streets Ncwcastle, Ontario With reference to the attached correspondence , please be advised that the above-mentioned property is zoned "C3-General Co.nrnercial" in Restricted Area By-law 79-44 of the former Village of Newcastle. The use of the lands as a "hotel" is permitted under this zoning classification. In addition, "hotel" is defined as "a tourist establishment that consists of one building or two or more connected or adjacent buildings and that through,_)ut all or part of a year cater to the needs of the travelling pQblic by furnishing sleeping accommodations, may or may not be licensed under the Liquor Licence Act, but does not include any other establishment otherwise defined or classified in the Therefore, the -elimination of sleeping accommodation, resulting in re-classification as a tavern, would not be in conformity with the zoning by-law as it is presently written. EP-lb Encl. v �� �f:�✓ 5 1QSi Ont,--i 10 The Li qux -- ---- _. Cabte AcS4rv>e.s SS(_ahe Shore 81vd.East Toronto,Ontario of Ontario Teiex 065-24045 MSE tAa 416/965 -4691/2 s April 30th, 1981 Mr. J.M. Mcllroy Clerk And M txnicipad Council 40 Terrtperarte Street Town of i'wValcastle , BOW AN VILLE;Ontario LIC 3A6 ` Dear �irs� s � M /� 4, CHURCH MEETS pp@.��p�.y a+a�.�rTS Et r` k The lic` raspm of above noted made Ap.Ili Ca ` d far t, t that of Tavern an hotel to �st In acs vµxnct l Wwler The Liquor provl �'Y Of Uht ... f ° aged&ti $ , wW lido the Boa.r'd etw'i l: the following Infor atiam � 3 whether such ret:lasslflcatlOn waWd be In contravention of Zoning or other municipal by-law or leggy) authority; (b) vrhether the elimination of bedroom accom modations would affect the need and wishes of the cornrnU-ityi (c Provide this Board with a copy of a Resolution of municipal council approving, if such is the case, the closing of the bedrooms in the hotel. A. copy of the amendment .to Regulation 1008 under The Liquor Licence E�et l is Osed for your information and guidance. r Y e . fir. F" t 1 13 gay ,. z 4 Loa 1 ."q I\ lib../ r- Gr•�ZL7`1L- -t r, J•ul _ �/_ U. r;�s ,s �J J t of there parts c; !of .'1 1 r d` to a Pico cc•,o,;• (2i The said s�ation is ;u:t;,er amended bt 12 � r `J �n addlr.� t.nrrte the folio,;n l'):•cd ivr tiK' L,, ie,vn t_h-, arid York. South 'NC, _ b n Oat aT 1 (5) \\'here a 1 uCl,c hou"e hat been i-s '.... >siJF:-0.I'1 and defgnat,-j as f�:l ucd _ lnuncc licence pursuant to subsection 4 of x:uon a, the Farts I and ? Faard sh it rec(:ss:tt :h• public hevse as a ta,e:n. 3 a1; 3 (z). 1. Parts 3 and 4 ` 4. The said Rcgtr!atior, is amcnrled by add;ng 3. Parts 3 and b t`:rctc the tcilcu:nS scc:ions: 4. Parts 7 and 10 �a — (1) The Board ma)•, on applical,or,. rc• classih a hotel for ,.hieh a licence u.1s in existence S. Parts 9 and 9 j; on the 2nd day of lanvary, 1916 as a tavern. O. ncE. s ?.} (2) Prior to re-ciassif•,ing a hotel vadcr subsection I. the Board shall satisfv Itself that• G. 1f. F.,xr.cw PC rrs {a, (4) the brilroom accommodal'on of the hotel U;w,in o is not required to serve the needs of the )' f No,.s;r-. � eom-,unity .a-here it is located; Dated at Toronto, this 31$t day of July, J;;S (5} the reclasrifIcat,on _ill not adccrseh' e5cet �'JSt 33 other licensed premises In the comauntt); and (r) the nerds and "he" of the community are screed by the rcclas,i^cation. THE LIQUOR LICENCE ACT, 19;5 (3) 1n addition to any informauon recluested by the Board, an apfslicatiOn undcr subsrttlon 1 O. Re-.590/18. shah be accompanied by a copy of of a r�`OiL'UOn Grncral, of the council of th- munieioa! -:tt .,herc the hoer! )lady—Juiv 12th, 1975. Is rotated a pr ,InF Inc ric•::r F t o: ororoc-s In FIl<d—Au lit, 1975. tn-=h--°.tc�' (4) \\ttere a hotel is reclas:ncd as a eases, it shaft continue ;o be eligible for the classes .1 . Les R:ra,lu:ioa dots ho! t licences it held to co«a ;nto fort .;,,• TAc F the reclasSiSclirOn- 0. ReL- c,.,;r LI(/r:r[ •{MrNrM;q( 59Qi iS,s, 4,fart, I978 jn,rr- Src S.O. .r97S. Cfcpur :2, s Gd. \\hc:e hotel or as a tavern and al;eratio 34 or rcnosac;ions aresrrtatdc RFGL"L.�T10� TO .1>JE�L' G\-.,F.10 :rCGj L:\'i1G\ Ji.C' tothr;iccnscd�rni�es,The a!;ctauonscr:enosa i MADE tr mace such :hat the ca p.ci;t. of F.c t ocs UNDER Lc sed u a lo..;'5, or ,:hire hcu�e 1iL Ll�it'OR LICENt g -ACT ;r,;; cz does not exceed parity of such liccuscd uun 1 of Gntario Rt'-u i - trd on the 'nd dov of c. ' Is Januz:•.. !c:6 .�• c:mcnd:d b a 25 :cant. 0. Fc,.c. clause Y' ads tng therclo th< f,link i g `0.iS,s. ;, -a rt. 3.—(1) Subxctien of sruon o of the said Weans cn cstabLsi, acne 1 Regulation is rc%oktd and the folio*.II-.g has horn reclassified as a taccrn k that substituted therefor: Board; j the (5) Subject -to section 46. no ho!dcr of a licence 2. Semen 3 of the said P.cEulauen rs an.rn7rd thcla�rrr'it any person undcr cr a^^a ' e of n:nrlern scars to rr entlt under t' ad3.ns thereto the fol1c._ME ,lr: 1 ca.er or rcma:n upon licensed prer,.Iscs O. Reg 3o0'7S, (ail) taverns (2) The said :colon 3 s amcndcd b%_ an 3.—(1J Itcrn; I, 2, thereto the icl;o..Inp sc 3, i and 3 cf the Der to JSCC;IDni: suh=<ctron I of reetion 4 of the ,: dj I l,ut,n arc amend. (Sa) The he;d;r of a )Ircr,c< shall insure r:.a: cJ b.• addir,S m :, ,,,gym "ta:crn csldrnce as to th.: age of the j<rsor,, ,ausfactor to the licence I'L;dr.' I, obtamrd > 1463 CORPORATION OF THE'TOWN OF NEWCASTLE I> OFFICE OF THE TOWN CLERK 40 TEMPERANCE STREET TELEPHONE 623.3379 BOWMANVILLE, ONTARIO Li C 3A6 May 12 1981 i3 1981 LPLAP`ONNIFNIG DErA`R-F;IENT The Liquor Licence Board of Ontario 55 Lakeshore Boulevard East Toronto, Ontario M5E 1A4 x Attention: Mr. R. R. Mills, Licence Officer RE: Queen's Hotel , King and Church Streets, Newcastle, Ontario Licence No. 010226 The subject application seeking permission to have the Hotel premises redesignated for use as a Tavern has been reviewed. I would advise, that the property is zoned "C-3 General Commercial " by Restricted Area By-Law No. 79-44 of the former Village of Newcastle. Under the C-3 designation, a "Hotel " is a permitted use, however, a Tavern is not a permitted use. It is the Director of Planning's opinion, that the change in use would require an amendment to the zoning area by-law. With respect to items (b) and (c) , I shall place ,the matter on the Planning Committee agendalfor consideration and advise you of their decision in due course. Yours truly, David W. Oakes, A A C.T. Town Clerk cc: D. Smith., Director of Planning Flay 12 1981 The Linuor Licence Board of nni-ario 55 Lakeshore Boulevard East Toronto, Ontario MIME IM Att--ntion: Mr. R. R. Mills, Licence Cfflcer RE: Queen's Hot-el , King and Church Streets, Newcastle, Ontario Licence No. 010226 The subject': aPPlication seeking permission to have tlie Hotlel pre"PlIses redesignated for use as a Tavern has been reviea-iead. I would advise, that the property is zoned "C-3 Giene'ral Commercial" by Restricted Area By-Law No. 79-44 of the former Village of NeWcastle. Under the C-3 desionation, a "Hotell' is a perrolt-ted use, holwever, a Tavern is rot a permitted us' -2. it is the Director of Planning's opinion, that the change- in use ,,could requ'�Ire an amendment to the zoning. area by-law. With respect to items (b) and (c) , I shall place the matter on the Planning Committee agenda for consideration and advise you of their decisic-7111, in due course.. Yours truly, David W. Oa.kes, A.M.C.T. I Town CClem, - ";Dl T cc: D. Smith, Director of Planning M E M O R A N D U M TO: D. Oakes, Clerk FROM: D. N. Smith, M.C.I.P., Director of Planning DATE: May 12, 1981 SUBJECT: Queen's Hotel, King and Church Streets Newcastle, Ontario With reference to the attached correspondence, please be advised that the above-mentioned property is zoned "C3-General Commercial" in Restricted Area By-law 79-44 of the former Village of Newcastle. The use of the lands as a "hotel" is permitted under this zoning classification. In addition, "hotel" is defined as "a tourist establishment that consists of one building or two or more connected or adjacent buildings and that throughout all or part of a year cater to the needs of the travelling public by furnishing sleeping accommodations, may or may not be licensed under the Liquor Licence Act, but does not include any other establishment otherwise defined or classified in the By-law." Therefore, the elimination of sleeping accommodation, resulting in re-classification as a tavern, would not be in conformity with the zoning by-law as it is presently written. EP:lb _ Encl. ,b i Ontario rT a The Liquor Cable Address 55 Lake Shore Blvd.East Licence Board "Dispensont" Toronto,Ontario of Ontario Telex 065-24045 M5E 1A4 April 30th, 1981 416/965 -46912 Mr. J.M. McIlroy Clerk And Municipal Council 40 Temperance Street Town Of Newcastle ;1} BOWMANVILLE;On tarlo LTC 3A6 x Dear Sirs; Re: EN'S HOTEL �C .IRCH STREETS 4 .E, ONTAR E 1 . 010226 , The made ice , it a r noted tt Ai� t� ifl motel to that of a aa. bedr L as ame � A c Act ....... the NR L ��� ,t ,.+•1'� a �tl. ��t '" I��fi=mitb`3 gz o isi 1ati f g1 'Will you fly Pmvlde the Board with tote following information. (a) whether such reclassification would be in contravention of zoning or other municipal by-law or legal authority; (b) whether the elimination of bedroom accommodations would affect the needs and wishes of the community; (c) provide this Board with a copy of a Resolution of municipal council approving, if such is the case, the closing of the bedrooms in the hotel. A copy of the amendment to Regulation 1008 under The Liquor Licence Act I is enclosed for your information and guidance. tr y, 'WED ram 5 P - tp �_._ T" -, O. g.10 GAZETTE 0 Reg.THE 0.NT.�P- 3967, of thO'c Parts Of Lot 21 i (2) The s nd ed section 4 is further ame ed by AV rding I 0 MIT) dtpOlz: adding thereto the follow;n.- Subr-•czion: to -%. O:hcc ivr I and YOTk. South �Chrre a public hOLL-c has been i<sued z !nu- N; R-0941 and designated as follows: I licence pursuant to 5ub=ection 4 of st:cijo:j 4, the kM shill Parts I and 2 Board , 11 reclassify the public house as a tavc.-ri. 0. Re;.390;i3.s.3 2. Parts 3 and 4 4. The said Regulation is amended by adding 3. Parts -7 and 6 thereto the ;o!iow ng scc*icls: 4a.—(I) The Boa"rd may, on application, re- 4. Parts 7 and 10 classify a hotel for which a licence -as in existence on the 2nd da y of January, 1976 as a tavern. S. Parts 8 and 9 0. Reg. SS9, s. 2. (2)-Prior to reclassifying a hotel lindtT SUbStCtio.-I 1,the Board shall satisfy itself that G. M. FARROW Ex,-c:(!ive D;'Ycct,,r. (a) the 6cLITOOM accommodation of the hote! Plans Ad-inisi—ion Dizuiior.' is not required to sere the needs of the of Hostsi;:,� . I community where it is located; Dated at Toronto. this 31st day of July, the reclassification will not adversely e`cct (923S) other licensed premises in the community; 33 and (c) the needs and %Vishes of the community are served by the reclassification. THE LIQUOR LICENCE ACT, 19-/- E (3) In addition to any information requested a by the Board, an application under subsection I shah' be accompanied by a copy oi• a resolution 0. Rep.590178. Of the council of the Municicialitv �xhere ,he hotel General. Made—jviv 12th, 1978. aoorovin? L.Iie C)C,!T',.Z 01 the Dedrooms in L�-7h el. 1h ------------------------------------ Filed—August Ist, 1978. a hotel is reclassified as a tavern, it shall continue to be eligible for the classes of licences it held prior to the reclassification. 0. Reg. s Rceul.2.,ion dots not come into force until The 590j78,s.4,p.rl• Lj'cucr Licence Amendment Act. 1978 is procl,irncd "J"re- Scz 5-0. 1978, Chapter 42, seclion 45. Where a hotel or public house is reclassified as a tavern and alterations or public are made REGULATION TO A-ME-ND to the Nccrised Premises.the alt tra tions or renovations ON 71ARIO R.EGIULATION Ir,0S!-' I . sr.,:L;) be made -I!Ch :hat the capacity of prim!-Cs MADE UNDER THE LIQUOR LICENCE' licensed as a lounge or public house 60ts not exceed ACT, 1 07 5 the capacity of such licensed premises as ,,he%- i. Szction I of O.-)Iz-io - j ex;-tedon the 2nd day of January, ic-,6 by mo.'c �,mcndcd by adding there' jU0zS.,i3 is tha-)25pcT-ct:-,f. 0- R�ez.590.:7,,,s.4,,6ar!. cjau�e to the following 5-0) Substclior, 5 of section � of the said –"2vc.r1" Regulation is revoked and the follo%ki:'g mczr-.s an establislirritnt that been reclassified as a tavern by the has bt substituted therefor: Bcard; (3) Subject 'to section 46, no ho)dtr of a licence 2. Secticri 3 of the said Pegulation is arr, shall Permit any P'SO-1 under cr apparently under en ded the age of nineteen dears to enter or remain 1 upcn by adding thereto the follow-ing item: licensed Premises. O. Rtg. sqojis. tavcrns. (2) The said section 5 is amended b%. addi'_ thereto the fc1lowin; subsections: 3.—(,) Items 1, 2. 3. 4 and 5 of the Table to I sul"t"On I Of section 4' of the said Rcru- (5a) The holder of a licence shall unsure 1:.z:(,n arc amended by adding in column 2 tavctn". evidence as to the age of the person, sc-,i1factcr). to the licence holder, is obtained, 1463 COMMUNICATIONS I-3 owInformation ` Ontario The Liquor Cable Address 55 Lake Shore Blvd.East Licence Board "Dispensont" Toronto,Ontario of Ontario Telex 065-24045 M5E 1A4 — 416/965 —46912 April 30th, 1981 Mr. J.M. McIlroy Clerk And Municipal Council 40 Temperance Street Town of Newcastle BOWMANVILLE, Ontario LIC 3A6 Dear Sirs: Re: QUEEN'S HOTEL KING & CHURCH STREETS NEWCASTLE, ONTARIO LICENCE NO. 010226 The licencee, in respect of the above noted establishment, has made Application to this Board for reclassification from an hotel to that of a Tavern and to eliminate guest bedroom accommodations, in accordance with Regulation 1008 under The Liquor Licence Act as amended August 1st, 1978. In order that we may consider the Application in accordance with the provisions of the Regulation 1008, will you kindly provide the Board with the following information. (a) whether such reclassification would be in contravention of zoning or other municipal by-law or legal authority; (b) whether the elimination of bedroom accommodations would affect the needs and wishes of the community; (c) provide this Board with a copy of a Resolution of municipal council approving, if such is the case, the closing of the bedrooms in the hotel. A copy of the amendment to Regulation 1008 under The Liquor Licence Act 1 is enclosed for your information and guidance. Yours ery tr y, ( fLi n fficer. MAy 4 abn Encl. t rt 0' Reg, 589•'78 THE ONTARIO GAZETTE O. Reg. 390178 3961 _ Of i'o:k. beinz compo,ed of those parts of Lot ZI 1 (2) The said section 4 is further amended by in Conces-ion VI accordin, to a Plan de osi;ed in - P adding thereto the following subsection: thr Lan,i Reeistn• 0:1ice for the c:tstry Division of Toronto I:oro::chs and fork Scuth !\o. 641 as i (5) Where a nubiic house has been issued a loun.�e dumber 64R-041 and designated as follows: Iicence pursuant to subsection 4 of section 4, the Board shall reclassify the public house as a tavern. I Parts 1 and 2 0.Rep.590;78,s.3 (2). 2. Parts 3 and 4 4_. The said Regulation is amended by adding E thereto the following sccti0II5• 3. Parts 5 and 6 - • 4a —(1) The Board may, on application, re- f. Parts i and l0 classify a hotel for .which a licence'was in existence ' on the 2nd day of January, 1976 as a tavern. 5. Parts S and 9 ' 0. Reg. X89;7 ,s. 2• (2) Prior to reclassifying a hotel under subsection G. 'I. F-ier.oty 1,the Board shall satisfv itself that; E Ex cuiivc Directilr, (a) the bedroom 2CCOmmOdallOn 6f the llOtel � Plans Administralion Uisision, is not required to serve the reeds of the 11irisa� of Heusi;;, community where it is located; Dated at Toronto, this 31st day of July, 1;75. (b) the reclassification will not adversely effect (91 33. other licensed premises in the community; and c (c) the needs and ti•ishes Of the community are served by the reclassification. l (3) In addition to any information requested THE LIQUOR LICENCE ACT, 1975 c by the Board, an application under subsection 1 sL11 be accompanied by a Copt• of a resolution Genera'era' 590 178' of the council of the municioality ti:herz thz hotel '• General. is located aoorovin he closing of the bzdroo_,s in Made-July 12th, 1975. ) Filed—.august 1st, 1975• the hotel. } (4) SZnere a hotel is reclassified as a tavern, l it shall continue to be eligible for the classes of licences it held prior to the reclassification. 0. Reg. s This Regulation does not come into force urlil The .° Lioucr Licence Amendment Art, 1978 is firocl.amed} o90j iS,S.4,part. [' in force. Set S.O. 1978, CbQPtcr 42, section `r t 4b• Where a hotel or public house is reclassified as a tavern and alterations or renovations are made REGULATION TO AMEND tothelicensedpremi ses,the alterations orrenoyations O:NT ARIO R`.GUL).TION ]GOSj7-: F shall be made' adz such that the capacit} Of nremi=zs 3F.�DE UNDER licensed as a lounge or public house does not exceed .HE LIQUOR LICENCE ACT, :975 f is the capacity of such licensed premises as they existed on the 2nd day of Januan, 1. o by more I. Section i of Ontario Re,g•' ti 97 u:a en I(O5?75 is than 25 per cent. 0.Reg.590;75,s.4,dart. amended by adding thereto the following : clause: 5—(i) Subsection 5 Of section 5 of the said Regulation is revoked and the following (oa) "tavern" means an establishment that substituted therefor: has been reclassified as a tavern by the ' Board; (5) Subject"to section 46, no holder of a Iicence shall 2. Section 3 of the said Regulation is amended the ageloftninet enryears oz enter or remain upon by adding thereto the following item: 1 g licensed premises. O. Reg. 590j78, s. 5 (1). (xii) taycrns• (2) The said section 5 is amended by adding 3.—(1) Items 1, 2, 3, 4 and 5 of the Table to thereto the following subsections: subsection 1 of section 4 of the said Re u- g I (5a) The holder of a licence shall ensure that Nation are amended by adding in column 2 evidence as to the age of the person, satisfactory "tavern". to the licence holder,is obtained, 1463 e is COMMUNICATIONS 1 5 Information Ontario The Liquor Cable Address 55 Lake Shore Blvd.East Licence Board "Dispensont" Toronto,Ontario of Ontario Telex 065-24045 M5E1A4 416/965 4681 Apr-" 29, 1981 Bruce E. Ftizgibbon, Quzens Hotel, King & Church Streets, NIENTCASTLE, Ontario. LOA MCC Dear Sir: Ret. Queen's Hotel Newcastle #010225 in Floor alterations (remove and replace -fall betreen Lounge #2 and Dining Lounge) This will acknowledge receipt of your on letter and plans _!-pril 23, 1961. Your proposal will be presented for consideration at the earliest opportunity and you will be advised accordingly. Please note, construction or alterations commenced without the appropriate authorization will be the responsibility of the applicant. Yours-,V �11y, truly, /Wb c o �ja its n T7J/dp nce Officer, Planning ce: Eunicipal Clerk. PG LP 2-79 MAy 4 TOWN OF AWWASTLE DEPARTMENT