Alcohol and Gaming Commission of Ontario
IN THE MATTER OF The: Liquor Licence Act, R.S.O. 1990, c. L.19, as amended
BETWEEN:
Registrar, Alcohol and Gaming Commission Ontario Registrar
-and-
W Boutique Inc. (The) operating as W Boutique (The) Applicant
-and-
King Spadina Residents’ Association Objector
DECISION
Panel: Patricia McQuaid, Vice-Chair Beryl Ford, Board Member
Decision Date: March 10, 2008 Hearing Location: Toronto, Ontario
Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, Suite 300 Toronto ON M2N 0A4 Phone (416) 326-0366 Fax (416) 326-5566 Website: agco.gov.on.ca
Appearances
Registrar, Alcohol and Gaming Commission: Phillip Morris, Representative W Boutique Inc. (The), Applicant: Randall Barrs, Representative King Spadina Residents’ Association: Wayne Scott, on his own behalf and on behalf of the objector
The Application
1The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal dated August 22, 2007 to review an application for a liquor licence for additional areas from W Boutique Inc. (The) (the “Applicant”) operating as W BOUTIQUE (THE), 420A Wellington Street West, Toronto, Ontario, M1C 5H2, liquor licence number 808842. A hearing of the Application was held on March 3, 2008 in the City of Toronto.
Decision
2On consent of all parties, the Board APPROVES the Application subject to the conditions on the licence set out below. Reasons follow.
Preliminary Matters
3Phillip Morris appeared on behalf of the Registrar. He advised that the Registrar took no position in regard to the Notice of Proposal.
4Mr. Wayne Scott sought status as a party to the proceedings on behalf of the King Spadina Residents’ Association (KSRA), which had objected to the application. On consent, party status was granted.
5The Board was advised that the Licensee had withdrawn his application for additional licensed capacity on the roof top patio.
Reasons
6Mr. Morris informed the Board that an agreement had been reached between the Licensee and the KSRA. Mr. Scott and Mr. Barrs submitted a list of conditions (Exhibit 2) which forms part of the decision. On the basis of the agreement contained therein, the KSRA supports the application for additional increased capacity of 85 patrons for a total licensed capacity, inside, of 225 persons.
7Also filed with the Board were the letters of objection (Exhibit 1) and the letters of withdrawal of the objection (Exhibit 3).
Order
8Based on the agreement filed (Exhibit 2) the Board APPROVES the Application for liquor licence made by W Boutique Inc. (The) operating as W BOUTIQUE (THE), 420A Wellington Street West, Toronto, Ontario, M1C 5H2 for total indoor capacity of 225, subject to the filing of all usual and required municipal clearance letters and application requirements.
9Further, the Board ORDERS that the following conditions be attached to the licence:
1(a) The applicant shall hold a valid business license, issued by the City of Toronto, to operate a business of the class “Entertainment Facility – Night Club”.
1(b) At all times while the premises are open to patrons, the premises shall be staffed with at least one visibly identifiable security person for every 50 patrons on the premises.
1(c) At all times while the premises are open the Licensee shall ensure that there are clearly visible and functioning security cameras at every exit and entrance as defined in the attached specification – Requirements for Location & Number of Cameras – version 11/2007
1(d) The Licensee shall retain all digital records from the security cameras for a minimum of 10 days. Any recording (or the Digital Video Recording unit) must be available immediately upon their request, and at no cost, to officers of the Toronto Police Service, 14 Division, Plain Clothes Unit.
1(e) The Licensee shall provide the name and contact information of the Head of Security and the General Manager of the premises to the Toronto Police Service, 14 Division, Plain Clothes Unit.
1(f) One of the persons named in clause (e) shall be on the premises at all times when the premises are open to patrons.
1(g) The Licensee shall ensure that every entrance to the premises is staffed with at least one security person equipped with a metal detector and that security personnel will use best efforts to ensure that no weapons are brought into the premises.
1(h) The Licensee shall ensure that no sound resulting from the operation of the business projects beyond the lot line of the property on which the premise is located.
1(i) The Licensee shall ensure that lighting is installed and is operational across the full width of the front, rear and any side of the premises that is accessible to the public. The light fixtures will provide illumination levels 55 to 110 lumens. The Licensee shall further ensure that the lighting fixtures do not direct light into windows of surrounding structures. The licensee shall ensure that these lights are fully operational and turned on from the time of opening until sunrise the following day.
1.0.0 Requirements for Location & Number of Cameras – version 11/2007
1.1.0 Outside Entrance/Exit cameras:
1.1.1 minimum requirement: 2 cameras
1.1.2 position cameras to provide full video surveillance of sidewalk and any private property between sidewalk and entrance.
1.1.3 Locate cameras at height not more than 11 feet above entrance walkway or top step, whichever is highest above grade.
1.2.0 Inside Entrance/Exit camera:
1.2.1 minimum requirement: 1 camera
1.2.2 if there is only 1 path to doorway position immediately over or immediately to one side of entrance/exit to provide full video surveillance of path used for accessing door
1.2.3 provide 1 additional camera for each additional path that cannot be observed from cameras in (1.2.1)
1.2.4 locate cameras at a height not more than 11 feet above floor.
1.3.0. For transition points between enclosed spaces within the premise, minimum requirement: 2 cameras
1.3.1 position 1 camera on each side of transition between enclosed spaces to provide surveillance of path to that transition point (doorway, archway, etc)
1.3.2 provide 1 additional camera for each additional path that cannot be observed from cameras in (1.2.1)
1.3.3 locate cameras at a height not more than 11 feet above floor.
DATED AT TORONTO, THIS 10th DAY OF MARCH, 2008.
BERYL FORD, BOARD MEMBER PATRICIA MCQUAID, VICE-CHAIR