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-
1784515 Ontario Inc. O/A The Bank Lounge Niagara
(formerly known as Roulette)
Licensee
DECISION
Panel: Allan Higdon, Board Member Joan Lougheed, Board Member
Decision Date: November 18, 2009
Hearing Location: Niagara Falls, 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 Toll Free in Ontario: 1-800-522-2876 Website: www.agco.on.ca
Appearances
Registrar, Alcohol and Gaming Commission ) Phillip Morris, Representative 1784515 Ontario Inc., Licensee ) Jerry Levitan, Representative Resident Objectors ) Adam Vassos, Representative
[1]. The Registrar of the Alcohol and Gaming Commission of Ontario (“AGCO”) issued an Amended Notice of Proposal number 17542 dated September 22, 2009 to review an application for a liquor licence (the “application”) from 1784515 Ontario Inc, (the “Applicant”), operating or intending to operate as THE BANK LOUNGE NIAGARA, 5890 Main Street, Niagara Falls, Ontario, L2G 5Z8 (the “establishment” or “premises”), establishment number 805817, on the basis the AGCO has received one or more written objections to the application. A hearing of the application was held on October 29, 2009 in the City of Niagara Falls.
Preliminary Matters
[2]. Phillip Morris appeared on behalf of the Registrar. He advised that the Registrar was not taking a position on the application.
[3]. Adam Vassos, on behalf of the Resident Objectors, was made a party to the proceedings on consent of the parties.
[4]. 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 #4A and 4B which form part of this decision.
Decision
[5]. Therefore, after considering all the evidence and submissions, the Board confirms its oral order and APPROVES the application from 1784515 Ontario Inc, operating or intending to operate as THE BANK LOUNGE NIAGARA, 5890 Main Street, Niagara Falls, Ontario, L2G 5Z8, for indoor and outdoor capacities of 430 and 80 persons subject to all statutory conditions and municipal regulations.
[6]. Further, the Board ORDERS that the following conditions be attached to the licence:
- The Licensee shall hold a valid business licence, issued by the City of Niagara Falls, to operate a business of the class “Entertainment Facility – Night Club”.
- At all times while the premises are open to patrons from 11:00 p.m. 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.
- The Licensee shall provide their contact information and the name and contact information of the Head of Security and the General Manager of the premises to the Niagara Regional Police Service. One of the persons named in this clause or their designate shall be on the premises at all times when the premises are open to patrons.
- The Licensee shall ensure that after 11:00 p.m. every entrance to the premises is staffed with at least one security person.
- The Licensee shall ensure that any sound resulting from the operation of the business is not audible beyond a reasonable distance from the lot line of the property on which the premises is located. This clause refers to sound that is generated by any internal or external loudspeakers, conversation by patrons within the premises, bussing and bottle disposal. A reasonable distance for such sound to be considered in non-compliance is any point opposite the Licensee’s premises that is separated by a public street, public or private laneway or party wall between the Licensee’s premises and any adjacent space.
- The Licensee shall ensure that a designated employee is on duty at all times to ensure that exiting patrons are not causing a disturbance that will affect nearby residents.
[7]. The Licensee shall post a prominent sign at each exit that reminds and/or encourages departing patrons to be considerate of the surrounding community.
[8]. The Licensee shall use best efforts to ensure that all areas immediately adjacent to the establishment are clean and free of litter, refuse and other debris
[9]. Any garbage or recycling pick-up shall be scheduled strictly between 7:30 a.m. and 9:00 p.m. Monday to Friday. The noise condition in condition 7 does not apply to this activity, provided the Licensee makes a reasonable effort to minimize noise while this process is occurring.
[10]. 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.
[11]. 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.
[12]. At all times while the premises are open for business the Licensee shall ensure that there are clearly visible and functioning security cameras at every exit and entrance as defined in the Night Club CCTV Requirements.
[13]. The Licensee shall retain all digital records from the security cameras for a minimum of 30 days. Any recording (or the Digital Video Recording unit) must be available immediately upon their request, and at no cost, to officers of the Niagara Regional Police Service and AGCO inspectors.
[14]. The Licensee shall provide valet parking for its patrons on Fridays and Saturdays.
DATED AT TORONTO THIS 18th DAY OF November , 2009.
ALLAN HIGDON, BOARD MEMBER JOAN LOUGHEED, BOARD MEMBER
Attached
We consent to withdraw our opposition to the application for a Liquor Licence for The Bank Lounge located at 5890 Main Street, Niagara Falls, Ontario, L2G 5Z8, AGCO File Number 805817 (the “premises”) provided that the following conditions, in the form set out below, are attached to the Liquor Licence and the Applicant/Licensee consents to the imposition of the following conditions to be attached to its Licence:
1 (a) The Licensee shall hold a valid business licence, issued by the City of Niagara Falls, to operate a business of the class “Entertainment Facility – Night Club”.
1 (b) At all times while the premises are open to patrons from 11:00 p.m. 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.
1 (c) The Licensee shall provide their contact information and the name and contact information of the Head of Security and the General Manager of the premises to the Niagara Regional Police Service. One of the persons named in this clause or their designate shall be on the premises at all times when the premises are open to patrons.
1 (d) The Licensee shall ensure that every entrance to the premises after 11:00 p.m. is staffed with at least one security person.
1 (e) The Licensee shall ensure that any sound resulting from the operation of the business is not audible beyond a reasonable distance from the lot line of the property on which the premise is located. This clause refers to sound that is generated by any internal or external loudspeakers, conversation by patrons within the premises, bussing and bottle disposal. A reasonable distance for such sound to be considered in non-compliance is any point opposite the Licensee’s premises that is separated by a public street, public or private laneway or party wall between the Licensee’s premises and any adjacent space.
1 (f) The Licensee shall ensure that a designated employee is on duty at all times to ensure that exiting patrons are not causing a disturbance that will affect nearby residents.
1 (g) The Licensee shall post a prominent sign at each exit that reminds and/or encourages departing patrons to be considerate of the surrounding community.
1 (h) The Licensee shall use best efforts to ensure that all areas immediately adjacent to the establishment are clean and free of litter, refuse and other debris
1 (i) Any garbage or recycling pick-up shall be scheduled strictly between 7:30 a.m. and 9:00 p.m. Monday to Friday. The noise condition in condition 7 does not apply to this activity, provided the Licensee makes a reasonable effort to minimize noise while this process is occurring.
1 (j) 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 (k) 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 (l) 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 Night Club CCTV Requirements (Exhibit # 4B)
1 (m) The Licensee shall retain all digital records from the security cameras for a minimum of 30 days. Any recording (or the Digital Video Recording unit) must be available immediately upon their request, and at no cost, to officers of the Niagara Regional Police Service and AGCO liquor license inspectors.
1 (n) The Licensee shall provide valet parking for its patrons on Fridays and Saturdays.
per:
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Night Club CCTV Requirements
1.0.0 Requirement for Location & Number of Cameras
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 a height not more than 10 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 8 ft above floor.
1.3.0 For transition points between enclosed spaces within the premises:
1.3.1 minimum requirement: 2 cameras
1.3.2 position 1 camera on each side of transition between enclosed spaces to provide surveillance of path to that transition point (doorway, archway, etc.)
1.3.3 provide 1 additional camera for each additional path that cannot be observed from camera 1.3.1
1.3.4 locate cameras at the height not more than 10 ft above floor.
1.4.0 Other cameras
1.4.1 position cameras to provide video surveillance of all publicly accessible spaces (specifically sidewalks and laneways) that are adjacent to the premises.
1.4.2 locate cameras at a height that does not exceed 10 ft above grade.
2.0.0 Requirement for Digital Video Quality and Retention
2.1.0 Retention & Access
2.1.1 All digital video must be retained for 30 days after date of recording
2.1.2 All digital archives must be made available free of charge immediately on demand by Niagara Regional Police Services and/or AGCO Enforcement Officers.
2.2.0 Quality of video taken from Archives
2.2.1 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.
2.2.2 Camera capability: suitable for night viewing
2.2.3 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 to storage medium at 50% quality or better
2.2.4 Note to vendors providing proprietary software: original recorded video must be openly viewable in a court of law.