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 of Ontario
Registrar
-and-
Queen West Entertainment Corp. intending to operate as
Nyood Bar
Licensee
-and-
Randy Kerr
Objector
-and-
Misha Glouberman
Objector
DECISION
Panel: Patricia McQuaid, Vice-Chair Beryl Ford, Board Member
Decision Date: September 9, 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 Toll Free In Ontario: 1-800-522-2876 Fax: (416) 326-5566 Website: www.agco.on.ca
Appearances
Registrar, Alcohol and Gaming Commission ) Dan Alakas, Representative
Queen West Entertainment Corp., Licensee ) Jeffrey Lieberman, Representative
Randy Kerr ) William Roberts, Representative
Misha Glouberman ) On his own behalf
The Application
1The Registrar of the Alcohol and Gaming Commission of Ontario (“AGCO”) issued Notice of Proposal number 16454 dated July 4, 2008, to review an application for a liquor licence from Queen West Entertainment Corp., (the “Applicant”) intending to operate as NYOOD BAR, 1096A Queen Street West, Toronto, Ontario, M6J 1H9, (the “premises” or the “establishment”), for the indoor and outdoor areas of the premises with capacities of 239 and 30 persons, on the basis that the AGCO has received one or more written objections to the application from residents of the municipality. A hearing of the application was held on September 2, 2008, in the City of Toronto.
Decision
2On consent of the parties, the application for a liquor sales licence is APPROVED, subject to the conditions on the licence set out below. Reasons follow.
Preliminary Matters
3Dan Alakas, the Registrar’s Representative, stated that the Registrar took no position regarding this application.
4Mr. Randy Kerr is a resident of the municipality and objects to the application for licence. Through his representative, he sought status as a party to the proceedings. On consent of all parties, the Board ORDERED Mr. Kerr be made a party to the proceedings.
5Mr. Misha Glouberman is a resident of the municipality and also objects to the application for licence. He appeared before the Board on his own behalf. He also requested party status. On consent of all parties, the Board ORDERED Mr. Glouberamn be made a party to the proceedings.
Reasons
6The parties submitted an Agreement (Exhibit 1) which forms part of this decision. This agreement was submitted at approximately 11:30 a.m., the hearing having convened at 10:00 a.m. Other than the parties noted above, no other resident objectors appeared at the hearing.
7The parties advised that they agreed to withdraw their objections to the issuance of the liquor licence, without prejudice to their rights to pursue any rights regarding zoning matters, subject to the conditions set out in Exhibit 1 being imposed on the licence.
Order
8Based on Exhibit 1 and the submissions of the parties, the Board APPROVES the application for a liquor licence made by Queen West Entertainment Corp., intending to operate as NYOOD BAR, 1096A Queen Street West, Toronto, Ontario, M6J 1H9, subject to all statutory conditions and municipal regulations.
9Further, the Board ORDERS that the following conditions be attached to the licence:
The Applicant withdraws the application for a rooftop patio.
The establishment will at all times adhere to the City of Toronto noise by-law.
The Licensee will operate the facility in such a manner that all sound waves are contained within the perimeter of the facility. Sound waves or vibration must not be sensed either as audible sound or as vibration beyond the perimeter of the facility, whether on the street or in nearby homes.
There will be no loading, unloading, delivering, packing, unpacking, or otherwise handling any containers, products or materials between 11:00 p.m. and 7:00 a.m. (9:00 a.m. on Sundays and statutory holidays.)
At all times while the premises are open to patrons and for at least one hour after the premises are closed to patrons, the premises shall be staffed with at least one visibly identifiable security person for every 75 patrons on the premises.
Ensure that every entrance and exit to the premises is staffed with at least one security person.
Security staff shall make every effort to ensure that patrons and other people in the areas surrounding around any entrance/exit of the establishment do not make excessive noise or engage in unruly behaviour, such as singing, shouting, or using offensive language.
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.
Clearly visible signs will be posted, at least 11” x 17” in dimension, near each exit of the establishment, as well as in direct sight of any queuing area or smoking area, requesting that patrons respect neighbours by keeping outdoor noise to a minimum. The language, layout, and location of this signage shall be determined in cooperation with residents.
A sign shall be placed, at least 11” x 17” in dimension, in a highly visible location, stating that concerns regarding the establishment including noise levels and other disturbances should be brought to the attention of the management. The signage will also list other relevant contact to whom to address concerns, including contact information for noise enforcement and licensing concerns, and the contact information for the residents’ association. The signage as well as providing the contact information for the City Councillor’s Office, the city by-law authorities and the AGCO authorities, and the residents’ association. The language, layout and location of this signage shall be determined in cooperation with residents.
The Licensee shall provide a telephone number which will be answered by a staff member during hours of operation, and equipped with an answering machine when the establishment is closed, which neighbours may phone to register complaints or concerns.
No dance floor shall be provided in the premises.
None of the conditions listed here shall be removed or modified without public consultation with neighbours, including the designated community group. The designated community group is to be the Queen/Beaconsfield Residents’ Association, telephone 416-328-6327, email QueenBeacRes@gmail.com.
DATED AT TORONTO THIS 9^th^ DAY OF September , 2008.
PATRICIA MCQUAID, VICE-CHAIR BERYL FORD, BOARD MEMBER
PM/ee
Attached
In Consideration of the Resident Objectors agreeing to withdraw their objections to the issuance of a liquor licence to Queen West Entertainment Corp. intending to operate the premises known as Nyood Bar (Establishment No. 813308), and without prejudice to the rights of the Resident Objectors to pursue any rights regarding zoning matters, the Applicant, Queen West Entertainment Corp., all parties agree that the following conditions shall be imposed on the liquor licence:
The Applicant withdraws their application for a rooftop patio.
The establishment will at all times adhere to the City of Toronto noise by-law.
The Licensee will operate the facility in such a manner that all sound waves are contained within the perimeter of the facility. Sound waves or vibration must not be sensed either as audible sound or as vibration beyond the perimeter of the facility, whether on the street or in nearby homes.
There will be no loading, unloading, delivering, packing, unpacking, or otherwise handling any containers, products or materials between 11:00 p.m. and 7:00 a.m. (9:00 a.m. on Sundays and statutory holidays.)
At all times while the premises are open to patrons and for at least one hour after the premises are closed to patrons, the premises shall be staffed with at least one visibly identifiable security person for every 75 patrons on the premises.
Ensure that every entrance and exit to the premises is staffed with at least one security person.
Security staff shall make every effort to ensure that patrons and other people in the areas surrounding around any entrance/exit of the establishment do not make excessive noise or engage in unruly behaviour, such as singing, shouting, or using offensive language.
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.
Clearly visible signs will be posted, at least 11” x 17” in dimension, near each of the establishment, as well as in direct sight of any queuing area or smoking area, requesting that patrons respect neighbours by keeping outdoor noise to a minimum. The language, layout, and location of this signage shall be determined in cooperation with residents.
A sign shall be placed, at least 11” x 17” in dimensions, in a highly visible location, stating that concerns regarding the establishment including noise levels and other disturbances should be brought to the attention of the management. The signage will also list other relevant contact to whom to address concerns, including contact information for noise enforcement and licensing concerns, and the contact information for the residents’ association. The signage as well as providing the contact information for the City Councillors Office, the city by-law authorities and the AGCO authorities, and the residents’ association. The language, layout and location of this signage shall be determined in cooperation with residents.
The Licensee shall provide a telephone number which will be answered by a staff member during hours of operation, and equipped with an answering machine when the establishment is closed, which neighbours may phone register complaints or concerns.
No dance floor shall be provided in the premises.
None of the conditions listed here shall be removed or modified without public consultation with neighbours, including the designated community group. The designated community group is to be the Queen/Beaconsfield Residents’ Association, telephone 416-328-6327, email QueenBeacRes@gmail.com.
Dated at Toronto this 2 day of September, 2008
Randy Kerr Applicant
(Resident Objector) Aaron Prothero
“I have authority to bind the corporate licensee.”
William Roberts Jeff Lieberman
Counsel for Mr. Kerr Counsel for Applicant
Misha Glouberman
(Resident Objector)