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-
2042287 Ontario Inc. O/A Blurr Nightclub Club
Applicant
-and-
City of Toronto
Intervenor
-and-
King Spadina Residents’ Association
Objector
DECISION
Panel: Dianne Axmith, Board Member Jacqueline Castel, Board Member
Decision Date: June 25, 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 ) Richard Kulis, Representative 2042287 Ontario Inc., Applicant ) Jerry Levitan, Representative City of Toronto ) Ray Kallio, Representative King Spadina Residents’ Association ) Wayne Scott, on his own behalf and on behalf of the objector
The Application
- The Registrar of the Alcohol and Gaming Commission of Ontario issued a Notice of Proposal dated May 2, 2008 to review an application for liquor licence for additional areas from 2042287 Ontario Inc. (the “Applicant”) operating as BLURR NIGHT CLUB, 214/216 Adelaide Street West, Toronto, Ontario, M5H 1W7, liquor licence number 804312. A hearing of the Application was held on June 12, 2008 in the City of Toronto.
Decision
- On consent of all parties, the Board APPROVES the Application subject to the conditions on the licence set out below. Reasons follow.
Preliminary Matters
- The City of Toronto (the “City”) and Wayne Scott, on behalf of the King Spadina Residents’ Association (“KSRA”), were granted party status at a pre-hearing conference held on May 30, 2008.
Reasons
- Mr. Levitan, Mr. Kallio and Mr. Scott submitted a Consent to conditions with Schedule A attached (Exhibit 1), which forms part of this decision. The parties confirmed that the terms and conditions were developed in conjunction with the City, the Applicant and the KSRA, and on the basis of the agreement contained therein, the City and the KSRA now 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 2042287 Ontario Inc. operating as BLURR NIGHT CLUB, 214/216 Adelaide Street West, Toronto, Ontario, M5H 1W7, for additional indoor capacity of 310 persons, subject to the filing of all usual and required municipal clearance letters and application requirements.
Further, on consent of all parties, the Board ORDERS that the following conditions be attached to the licence:
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”.
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 50 patrons on the premises.
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 specification attached to Schedule A, being – Requirements for Location & Number of Cameras – version 11/2007.
The Licensee shall make and retain all digital records from the security cameras for a minimum of 30 days as defined in the specification attached to Schedule A, being – Requirement for Digital Video Quality and Retention – version 11/2007. 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 and AGCO liquor licence inspectors.
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.
One of the persons named in paragraph 5 shall be on the premises at all times when the premises are open to patrons.
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 the device is used on every person entering the facility with no exception.
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 premises are located in accordance with the City of Toronto Municipal Code.
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.
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.
DATED AT TORONTO THIS 25th DAY OF JUNE, 2008.
DIANNE AXMITH, BOARD MEMBER JACQUELINE CASTEL, BOARD MEMBER
DA/cp
Attached
ALCOHOL AND GAMING COMMISSION OF ONTARIO
IN THE MATTER OF THE LIQUOR LICENCE ACT R.S.O. 1990, c.L.19, s. 15(1) and 21(1)
AND IN THE MATTER OF THE LIQUOR LICENCE OF 2042287 ONTARIO INC., OPERATING AS BLURR NIGHT CLUB, 216-216 ADELAID STREET WEST, TORONTO
LICENCE NO. 804312
CONSENT
WHEREAS 2042287 Ontario Inc. (“Licensee”), City of Toronto (“City”) and the King-Spadina Residents Association (“KSRA”), collectively referred to as the “Parties”, have resolved all outstanding matters with respect to the liquor licence application by the Licensee for the premises known as Blurr Night Club, 214-216 Adelaide Street West, Toronto (“Premises”);
AND WHEREAS the City and KSRA do not object to the application for additional licensed areas 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 Licensee for the Premises;
AND WHEREAS the Licensee has agreed to have the said conditions as set out in Schedule A attached to this Consent, attached to the liquor licence of the Licensee 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 Board of the Alcohol and Gaming Commission of Ontario (“AGCO”) issue a liquor licence for additional licensed areas to the Licensee for the Premises, attaching the conditions as set out in Schedule A attached to this Consent; and
(b) that the City and KSRA be notified should the Licensee or its successor make application to the Registrar to remove any or all of the said Conditions.
Dated at Toronto this 12 day of June, 2008.
2042287 Ontario Inc, by its Solicitor Jerry Levitan
City of Toronto by its Solicitor, Ray Kallio
King-Spadina Residents Association by its Chair, Wayne Scott
SCHEDULE A
Blurr Night Club, 214-216 Adelaide Street West, Toronto
Liquor Licence Conditions
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”.
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 50 patrons on the premises.
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.
The Licensee shall make and retain all digital records from the security cameras for a minimum of 30 days as defined in the attached specification – Requirement for Digital Video Quality and Retention – version 11/2007. 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 and AGCO liquor licence inspectors.
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.
One of the persons named in paragraph 5 shall be on the premises at all times when the premises are open to patrons.
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 the device is used on every person entering the facility with no exception.
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 premises are located in accordance with the City of Toronto Municipal Code.
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.
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.
ATTACHMENT
Requirements for Location & Number of Cameras – version 11/2007
- Outside Entrance/Exit cameras:
1.1 minimum requirement: 2 cameras
1.2 position cameras to provide full video surveillance of sidewalk and any private property between sidewalk and entrance.
1.3 Locate cameras at height not more than 11 feet above entrance walkway or top step, whichever is highest above grade.
- Inside Entrance/Exit camera:
2.1 minimum requirement: 1 camera
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
2.3 provide 1 additional camera for each additional path that cannot be observed from cameras in paragraph 2.1.
2.4 locate cameras at a height not more than 11 feet above floor.
- For transition points between enclosed spaces within the premise, minimum requirement: 2 cameras
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)
3.2 provide 1 additional camera for each additional path that cannot be observed from cameras in paragraph 2.1.
3.3 locate cameras at a height not more than 11 feet above floor.
Requirements for Digital Video Quality and Retention – version 11/2007
- Retention & Access
4.1 All digital video must be retained for 30 days after date of recording
4.2 All digital archives must be made available free of charge immediately on demand by Toronto Police Service and AGCO Enforcement Officers
- Quality of video taken from Archives
5.1 It is the responsibility of the owner to ensure that the quality and capability of the camera equipment, recording equipment and all miscellaneous wiring and support hardware is adequate to meet the requirements below for the quality of digital video copied from the system’s storage medium.
5.2 Camera capability: suitable for night viewing.
5.3 Quality of digital video –
Frame size: 640 x 486
Image rate: 60 images/sec.
Digital format: MPG4, CIF4, no transcoding between formats is permitted for evidentiary purposes.
Archive requirement: write storage medium at 50% quality or better.
5.4 Note to vendors providing proprietary software: original recorded video must be openly viewable in a court of law.