ALCOHOL AND GAMING COMMISSION OF ONTARIO
IN THE MATTER OF The :
Liquor Licence Act, R.S.O. 1990, c. L.19, as amended
B E T W E E N:
Registrar, Alcohol and Gaming Commission Ontario
Registrar
-and-
1733346 Ontario Inc. operating as or intending to operate as
Spice Route Restaurant
Applicant
-and-
City of Toronto
Intervenor
-and-
King Spadina Residents’ Association
Objector
DECISION
Panel: S. Grace Kerr, Board Member Patricia McQuaid, Vice-Chair
Decision Date: November 1, 2007
Hearing Location: Toronto, Ontario
Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, Suite 300, Toronto ON M2N 0A4 Phone: (416) 326-0366 Toll Free In Ontario: 1-800-522-2876 Fax: (416) 326-5566 Website: www.agco.on.ca
Appearances
Registrar, Alcohol and Gaming Commission ) Richard Kulis, Representative 1733346 Ontario Inc. ) Jerry Levitan and Nick Di Donato ) Representatives City of Toronto ) Jessica Braun, Representative King Spadina Residents’ Association ) Wayne Scott, Representative
- The Deputy Registrar of the Alcohol and Gaming Commission of Ontario issued Notice of Proposal number 15629 dated September 10, 2007 to review an application from 1733346 Ontario Inc., operating as or intending to operate as Spice Route Restaurant formerly known as Touch Lounge & Dining, 499 King Street West, Toronto, Ontario, M5V 1K4, licence number 811139, for a liquor sales licence for the indoor and outdoor areas of the premises with capacities of 278 and 154 persons. A hearing of the Application was held on October 23, 2007 in the City of Toronto.
Decision
- On the consent of all parties the Application for a liquor sales license is APPROVED subject to the conditions on the licence set out below. Reasons follow.
Preliminary Matters
Richard Kulis, Registrar’s representative, stated that the Registrar took no position regarding the Notice of Proposal.
The City of Toronto and the King Spadina Residents’ Association (KSRA) had previously been granted party status at the pre-hearing conference held on October 16, 2007.
Reasons
- Ms. Braun, Mr. Scott and Mr. Di Donato submitted a Consent, with Schedule A attached, (Exhibit #1) which forms part of the decision. The parties advised the Board that the terms and conditions contained in Exhibit #1 were developed in conjunction with the City, the Resident Objectors and the Applicant, and on the basis of the agreement contained therein, the City of Toronto and the KSRA support the liquor licence application.
Order
Based on the Consent, and Schedule A, and the submissions of the parties, the Board APPROVES the Application for liquor licence made by 1733346 Ontario Inc., operating as or intending to operate as Spice Route Restaurant formerly known as Touch Lounge & Dining, 499 King Street West, Toronto, Ontario, M5V 1K4, subject to the filing of all usual and required municipal clearance letters and application requirements. A copy of the liquor licence as issued will be provided to the City.
Further, the Board ORDERS that the following conditions be attached to the licence:
a. The establishment shall operate as a restaurant and lounge and not as a Hybrid, a restaurant that becomes a nightclub after 10:30 p.m., or a Nightclub, an establishment that focuses primarily on dancing and drinking, with no food service and a cover charge for patrons to enter.
b. Food Service shall be available during all hours of operation.
c. The establishment will comply with the City of Toronto Noise By-laws.
d. Subject to final capacities established by the Fire Marshall, the licensee shall ensure that a seat is available for every patron during all hours of operation.
e. There shall be no amplified or live music whatsoever on the patio beyond 11:00 p.m. Sunday to Thursday and 12:00 midnight on Friday and Saturday.
f. There will be a designated employee on duty at all times to ensure that patio and exiting patrons are not causing a disturbance to nearby residents.
g. The licensee shall provide a telephone number which will be answered by a staff member during hours of operation and be equipped with an answering machine when the establishment is closed for residents to register concerns or complaints.
h. There shall be no charge for entering the premises (a “Cover Charge”) other than for special charity or corporate events.
i. There shall be no dance floor, except for special occasions.
j. Prior to the establishment being opened for business, the Licensee shall submit a Noise Control Plan (the “Plan”) to the City of Toronto’s Municipal Licensing and Standards Division which shall include:
i. The maximum volume levels for music within the establishment;
ii. The wattage of the music or sound-producing systems to be used in the establishment;
iii. The sound insulation methods or mechanisms used within the building; and
iv. The sound insulation methods or mechanisms used to contain noise from the patio.
The Plan shall also ensure that the windows are closed during all hours of operation.
k. Prior to submitting the Plan to the City of Toronto, the Licensee shall meet with the Ward City Councillor and interested local residents to inform them of the details of the Plan and address any concerns.
l. The Licensee shall use best efforts to ensure that all areas immediately adjacent to the establishment are clean and free of litter, refuse and other debris and shall install and maintain containers for the deposit of litter, refuse and other debris.
m. Any private garbage or recycling pick-up shall be scheduled strictly between the hours of 7:30 a.m. and 9:00 p.m., Monday to Friday.
n. At all times during the establishment’s evening hours of operation, the establishment shall be staffed with at least one security guard for every 200 patrons in attendance.
o. In the event that the business is sold or comes under new management, written notice shall be given to all persons residing on and/or owning property within 200 meters of any portion of the applicant’s property lot lines.
p. There shall be no application (permanent or temporary or special occasion) to extend the proposed outdoor portion area of the establishment without the consent of the local Councillor. In the event that such an application is made, the Licensee shall notify all residents and businesses within 200 meters of the licensed establishment’s property line.
q. There shall be no application (permanent or temporary or special occasion) to extend hours of operation without the consent of the local Councillor. In the event that such an application is made, the Licensee shall notify all residents and businesses within 200 meters of the licensed establishment’s property line.
r. Before applying to change any of the conditions contained herein, the Licensee shall provide written notice to the Ward Councillor and all persons residing on and/or owning property within 200 meters of any portion of the applicant’s property lot lines.
DATED AT TORONTO THIS 1st DAY OF November, 2007.
S. GRACE KERR, BOARD MEMBER PATRICIA MCQUAID, VICE-CHAIR
SGK/ee
Attached
ALCOHOL AND GAMING COMMISSION OF ONTARIO
IN THE MATTER OF THE LIQUOR LICENCE ACT, R.S.O. 1990, C. L. 19
AND IN THE MATTER OF THE LIQUOR LICENCE OF 1733346 ONTARIO INC., OPERATING AS SPICE ROUTE RESTAURANT, 499 KING STREET WEST, TORONTO, ONTARIO
LICENCE NO. 811139
CONSENT
WHEREAS 1733346 Ontario Inc. (the “Applicant”) and City of Toronto, (“City”), collectively referred to as the “Parties”, have resolved all outstanding matters with respect to the liquor licence application by the Applicant for the licensed premises known as Spice Route Restaurant, 499 King Street West, Toronto (the “premises”);
AND WHEREAS the City supports the application for a liquor licence for the premises provided that the conditions, as set out in Schedule A attached to this Consent, are attached to the liquor licence of the Applicant for the premises;
AND WHEREAS the Applicant has agreed to have the said conditions as set out in Schedule A attached to this Consent, attached to the liquor licence of the Applicant for the premises;
NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the Parties agree as follows:
(a) to request that the Registrar of the Alcohol and Gaming Commission of Ontario issue a liquor licence to the Applicant for the premises, attaching the conditions as set out in Schedule A attached to this Consent;
(b) that the City receive a copy of the liquor licence as issued; and
(c) that the City be notified should the Applicant or its successor make application to the Registrar to remove any or all of the said Condition.
Dated at Toronto this day of October, 2007
173346 Ontario Inc. by its Principal,
Dragan Vuckovic
City of Toronto by its Solicitor,
Jessica Braun
SCHEDULE A
Conditions Attached to Liquor Licence for Spice Route Restaurant, 499 King Street West
- The establishment shall operate as a restaurant and lounge and not as a Hybrid or a Nightclub.
For purposes of this agreement, the Parties agree to the following definitions:
Hybrid – a restaurant that becomes a nightclub after 10:30 p.m.
Nightclub – an establishment that focuses primarily on dancing and drinking, with no food service and a cover charge for patrons to enter.
Food Service shall be available during all hours of operation.
The establishment will comply with the City of Toronto Noise By-laws.
Subject to final capacities established by the Fire Marshall, the licensee shall ensure that a seat is available for every patron during all hours of operation.
There shall be no amplified or live music whatsoever on the patio beyond 11:00 p.m. Sunday to Thursday and 12:00 midnight on Friday and Saturday.
There will be a designated employee on duty at all times to ensure that patio and exiting patrons are not causing a disturbance to nearby residents.
The licensee shall provide a telephone number which will be answered by a staff member during hours of operation and be equipped with an answering machine when the establishment is closed for residents to register concerns or complaints.
There shall be no charge for entering the premises (a “Cover Charge”) other than for special charity or corporate events.
There shall be no dance floor, except for special occasions.
Prior to the establishment being opened for business, the Licensee shall submit a Noise Control Plan (the “Plan”) to the City of Toronto’s Municipal Licensing and Standards Division which shall include:
i. The maximum volume levels for music within the establishment;
ii. The wattage of the music or sound-producing systems to be used in the establishment;
iii. The sound insulation methods or mechanisms used within the building; and
iv. The sound insulation methods or mechanisms used to contain noise from the patio.
The Plan shall also ensure that the windows are closed during all hours of operation.
Prior to submitting the Plan to the City of Toronto, the Licensee shall meet with the Ward City Councillor and interested local residents to inform them of the details of the Plan and address any concerns.
The Licensee shall use best efforts to ensure that all areas immediately adjacent to the establishment are clean and free of litter, refuse and other debris and shall install and maintain containers for the deposit of litter, refuse and other debris.
Any private garbage or recycling pick-up shall be scheduled strictly between the hours of 7:30 a.m. and 9:00 p.m., Monday to Friday.
At all times during the establishment’s evening hours of operation, the establishment shall be staffed with at least one security guard for every 200 patrons in attendance.
In the event that the business is sold or comes under new management, written notice shall be given to all persons residing on and/or owning property within 200 metres of any portion of the applicant’s property lot lines.
There shall be no application (permanent or temporary or special occasion) to extend the proposed outdoor portion area of the establishment without the consent of the local Councillor. In the event that such an application is made, the Licensee shall notify all residents and businesses within 200 metres of the licensed establishment’s property line.
There shall be no application (permanent or temporary or special occasion) to extend hours of operation without the consent of the local Councillor. In the event that such an application is made, the Licensee shall notify all residents and businesses within 200 metres of the licensed establishment’s property line.
Before applying to change any of the conditions contained herein, the Licensee shall provide written notice to the Ward Councillor and all persons residing on and/or owning property within 200 metres of any portion of the applicant’s property lot lines.