LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: CHELSEA ROOM (THE)
923 Dundas Street West
Toronto, Ontario
M6J 1W2
Licensee: Chelsea Room Incorporated, (The)
Licence Number: 23881
Notice of Proposal: To REVIEW application for licence for additional licensed areas
Dated January 9, 2004
The Proposal alleges that the Commission has received one or more written objections to the application from residents of the municipality.
Hearing: Alcohol & Gaming Commission of Ontario
90 Sheppard Avenue East, 3rd Floor
Toronto, Ontario
M2N 0A4
April 6, 2004
Presiding
Board Members: Patricia McQuaid, Vice Chair
Kirsti Hunt, Vice Chair
Counsel for the Registrar: Richard Kulis
Parties to the Proceedings: Fadi Hakim, representative of the corporate licensee
Joe Arruda, Objector/Party to the proceedings
Exhibits to the Supplementary Decision: #1 – Letters from Licensee supporters and Objectors
SUPPLEMENTARY DECISION
The licensee, the Chelsea Room Incorporated, liquor licence number 23881, seeks additional licensed capacity, indoor and outdoor, for its establishment located at 923 Dundas Street West. A Notice of Proposal to review the application was issued on January 9, 2004. A hearing took place on April 6, 2004 and a decision was issued on June 8, 2004.
In its decision, the Board granted the requested additional capacity on the patio, on terms, and adjourned the issue of the increased interior capacity subject to the Board’s receipt of a certificate of completion of sound insulation work on the common wall with the Arruda residence (being the residence of one of the objectors) and a review of a written proposed guideline as to the volume of music played and controls thereon.
By letter dated December 1, 2006, the licensee submitted an invoice for soundproofing (dated April 15, 2006) and outlined measures taken to ensure the premises complies with required municipal decibel levels. In the letter, Mr. Hakim, on behalf of the licensee, indicated that levels on the sound mixer had been pre-set to a maximum of 113 decibels. This letter was forwarded to those persons who had objected to the application for their response. The response was, generally, that noise continued to be a problem, especially from the patio, but not limited to it.
Mr. Hakim, in reply to the residents’ concerns, indicated that the patio was closed and patrons are not permitted on it. Further, he did acknowledge that the Chelsea Room did serve an eleven day suspension, for overcrowding issues, as well as a breach of section 46 of Ontario Regulation 719/90, in May 2005.
Subsequent to this, further submissions were provided to the Board, by both the licensee and the resident objectors, and by supporters of the Chelsea Room’s application, attached as Exhibit 1 to this decision. The Board commends the licensee for its attempts over the past few months to respond to neighbours’ concerns by suggesting conditions to attach to the licence. Neighbours have reacted somewhat favourably though it would be an overstatement to suggest that support is unqualified. The size and location of the establishment, noise levels, and late night noise, continue to be a concern.
The Board has carefully reviewed all of the submissions. In granting an application, with terms imposed, the Board is always mindful of the enforceability of any such terms to ensure their effectiveness. Given the history of this matter and efforts by the licensee to resolve the issues, the Board is prepared to grant the application for additional licensed area (indoors), with conditions. The conditions imposed are primarily in response to the continuing noise concerns raised by the neighbours. As well, the Board acknowledges the licensee’s undertaking to cease all patio activity and notes, in any event, that the material received in submissions from Mr. Arruda discloses that the minor variance application required to maintain a patio at the east side of the establishment was refused in October, 2005.
Therefore, the Board APPROVES the application for additional licensed indoor capacity for a maximum capacity of 73 persons at the premises operating as The Chelsea Room, 923 Dundas Street West, Toronto, Ontario, M6J 1W2, licence number 23881, subject to the filing of all usual and required municipal clearance letters and application requirements, and subject to the following conditions which shall be attached to the licence:
A security person shall be posted at the Dundas Street entrance on Friday and Saturday nights between 11 p.m. and 3 a.m. (or 15 minutes after closing if the establishment ceases service of alcohol before 2 a.m.) to control the noise level of patrons;
A sign shall be posted at the Dundas Street entrance requesting that patrons be mindful of noise levels created by their activity;
The decibel meter shall be operational at all times that the premises are open and available for inspection upon request by AGCO inspectors and/or police;
Music levels (registering no higher than 113 decibels) shall be reduced by 30 percent at midnight;
Music will be turned off at 2 a.m. on Friday and Saturday and 1 a.m. on Sunday through Thursday nights;
The licensee shall not apply for any further additional licensed capacity for the duration of its tenancy.
DATED AT TORONTO THIS 26th DAY OF April, 2007.
PATRICIA MCQUAID, VICE CHAIR KIRSTI HUNT, VICE CHAIR
PM/rb