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-
A.C. Great Hall Management Inc. operates or intends to operate as Cream Tangerine / A.C. Great Hall
Licensee
DECISION
Panel: Allan Higdon, Board Member S. Grace Kerr, Board Member
Decision Date: August 6, 2009
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 ) Phillip Morris, Representative A.C. Great Hall Management Inc., Licensee ) Jerry Levitan, Representative
Application
- A hearing into Notice of Proposal number 17308 dated June 17, 2009, was convened to review an application for a liquor sales licence from A.C. Great Hall Management Inc., (the “Applicant”), operating or intending to operate as CREAM TANGERINE / A.C. GREAT HALL, 1087 – 1089 Queen Street West, Toronto, Ontario, M6J 1H3, (the “establishment” or the “premises”), for the indoor area of the premises with a capacity of 530 persons, on the basis that one or more written objections to the application has been received from residents of the municipality. A hearing of the application was held on July 30, 2009, in the City of Toronto.
Decision
- After considering all the evidence and submissions the Board CONFIRMS its oral order and approves the application on the conditions set out below. Reasons for these findings follow.
Preliminary Matters
- Phillip Morris appeared on behalf of the Registrar. He advised that the Registrar took no position on the public interest aspects of the hearing.
Conclusion
- This matter was resolved when the objectors withdrew their objections and the parties agreed to the inclusion of the conditions as set out in Exhibit #2.
Order
For the above reasons, the Board APPROVES the application for a liquor sales licence made by A.C. Great Hall Management Inc., operating or intending to operate as CREAM TANGERINE / A.C. GREAT HALL, 1087 – 1089 Queen Street West, Toronto, Ontario, M6J 1H3, for the indoor area of the premises with a capacity of 530 persons, subject to all statutory conditions and municipal regulations.
Further, the Board ORDERS that the following conditions be attached to the licence on consent of the Applicant:
The establishment will at all times adhere to the City of Toronto noise by-law.
The Licensee will construct and 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.
The Licensee will submit a Noise Control Plan to the City of Toronto which includes the sound insulation methods or mechanism for use within the building, as well as maximum levels for music within the premises, and sound metering to ensure that those levels are maintained.
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) other than the unloading of equipment and other material related to events on that same night. On those occasions, the Licensee shall ensure that such unloading be supervised by the Licensee and that it be done with the utmost respect for the quiet enjoyment of the neighbourhood.
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 security person.
Staff of the establishment 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, while the establishment is open, and for at least one hour after the establishment closes. Sufficient staff shall be employed to make these efforts.
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 of this sign shall be provided by the residents.
A sign shall be placed, in a highly visible location, providing neighbours with information on who to contact if they have concerns about the establishment. This includes a contact number for the establishment, as well as contact information for the Councillor’s Office, the appropriate contact information for noise and licensing concerns, and the contact information for the residents association. Language for this sign shall be provided by neighbours.
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, as well as an email address. Residents with concerns shall be able to quickly reach a manager or responsible staff member, when the establishment is open.
None of the conditions listed here shall be removed or modified without public consultation with neighbours.
DATED AT TORONTO THIS 6th DAY OF August, 2009.
ALLAN HIGDON, BOARD MEMBER S. GRACE KERR, BOARD MEMBER