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-
1719610 Ontario Ltd. operating or intending to operate as Axia
Applicant
-and-
King Spadina Residents’ Association
Objector
DECISION
Panel: Patricia McQuaid, Vice-Chair
Decision Date: March 6, 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 ) Daniel Alakas, Representative
1719610 Ontario Ltd., Applicant ) Randall Barrs, Representative
King Spadina Residents’ Association ) Donald Rodbard, on his own behalf and on behalf of the objector
The Application
[1]. The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal dated January 31, 2008 to review an application for a liquor licence from 1719610 Ontario Ltd. (the “Applicant”) operating or intending to operate as AXIA, 14 Duncan Street, Toronto, Ontario, M5H 3G8, establishment number 203858. A hearing of the application was held on March 4, 2008 in the City of Toronto.
Decision
[2]. On consent of all parties, the Application for a liquor sales licence is APPROVED subject to the conditions on the licence set out below. Reasons follow.
Preliminary Matters
[3]. Daniel Alakas, Registrar’s representative stated that the Registrar took no position regarding the Notice of Proposal.
[4]. Mr. Donald Rodbard 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.
Reasons
[5]. Mr. Rodbard and Mr. Barrs submitted a list of conditions (Exhibit 1) which forms part of the decision. The parties advised the Board that the conditions contained in Exhibit 1 were developed between the Resident Objectors and the Applicant and on the basis of the agreement contained therein, the KSRA was withdrawing its objections to the application.
[6]. Also filed with the Board were the twenty-five letters of objection (Exhibit 2) and the twenty-four letters of withdrawal of the objection (Exhibit 3). Mr. Rodbard advised that letters of withdrawal were received from all but one of the individual objectors. Numerous attempts had been made to contact that individual without success, nor did the individual attend the hearing.
Order
[7]. Based on the agreed conditions (Exhibit 1) and the submissions of the parties, the Board APPROVES the Application for liquor licence made by 1719610 Ontario Ltd. operating or intending to operate as AXIA, 14 Duncan Street, Toronto, Ontario, M5H 3G8, subject to the filing of all usual and required municipal clearance letters and application requirements.
[8]. Further, 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 Services and AGCO liquor license inspectors.
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, 52 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 may allow a line queue for people waiting to enter the premises. A barrier shall be used to clearly distinguish the area to be used for queuing from the remainder of the sidewalk which shall be maintained free and clear for passing pedestrians.
1(j) 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.
1.3.1.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 6th DAY OF MARCH, 2008.
PATRICIA MCQUAID, VICE-CHAIR
PM/cp