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-
1583381 Ontario Inc., operating as Century Room Licensee
-and-
City of Toronto Intervenor
DECISION
Panel: Patricia McQuaid, Vice-Chair, AGCO Decision Date: April 1, 2010 Hearing Location: Toronto, Ontario
Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, Suite 300 Toronto, Ontario 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 ) Richard Kulis, Representative 1583381 Ontario Inc., Licensee ) Adam Vassos, Representative City of Toronto, Intervenor ) Jessica Braun, Representative
1A hearing into Notice of Proposal number 17610 dated December 1, 2009 to suspend a licence and Supplementary Notice of Proposal number 17772 dated December 22, 2009 to revoke liquor licence number 803202 (the “licence”), issued to 1583381 Ontario Inc. (the “Licensee”), operating as CENTURY ROOM, 580 King Street West, Toronto, Ontario, M5V 1M3, pursuant to subsections 6(2) and 6(2)(h) of the Liquor Licence Act (the “LLA”) and on the basis of allegations of violations of section 45.2 and subsection 45(1) of Ontario Regulation 719/90 (the “O.Reg”), made pursuant to the LLA, was held on March 23, 2010 in the City of Toronto.
2Ms Jessica Braun appeared on behalf the City of Toronto. She requested party status at the hearing. There being no objection, party status was granted.
3Mr. Kulis, Mr. Vassos and Ms Braun submitted an Agreed Statement of Facts (Exhibit #1) and Joint Submission Regarding Disciplinary Action (Exhibit #2) which form part of this decision. It was agreed and admitted that:
On June 22, 2009, the licence holder permitted, by failing to search, three patrons to bring handguns into the licensed premises. One of these patrons displayed his handgun to threaten another patron.
4Based on the Agreed Statement of Facts, the Board found the Licensee breached section 45.2 of the O.Reg. The Board accepted the withdrawal of the remaining allegations.
Order
5Therefore, having considered the Joint Submission Regarding Disciplinary Action and the oral submissions regarding the dates on which suspension might be served, the Board confirms its oral ORDER that liquor licence number 803202, issued to 1583381 Ontario Inc., operating as CENTURY ROOM, 580 King Street West, Toronto, Ontario, M5V 1M3, be SUSPENDED for TWENTY-ONE (21) consecutive days to COMMENCE at 11:00 a.m. on July 26, 2010, and CONTINUE until 2:00 a.m. on August 16, 2010.
6Further, attached to the Joint Submission (Exhibit #2) is Schedule “A”, a list of conditions to be added to the licence, on consent of the parties and agreed to as well by the King Spadina Residents’ Association.
7Therefore, the Board confirms its oral ORDER that the following conditions, in addition to those presently on the licence, be attached to the licence on consent of the parties:
The applicant shall hold a valid business licence, issued by the City of Toronto, to operate a business of the class “Entertainment Facility – Night Club”.
Security sweeps shall be done of all public areas before club is opened to the public, and a record shall be kept certifying the same, including name and time of inspection and shall be available on request of the Police or Liquor Inspectors.
While the premises are closed and un-staffed, all doors will be alarmed except for the entrance doors (to be identified) and any doors to outside patron areas (to be identified).
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 100 patrons on the premises.
The Licensee shall ensure that every entrance to the premises is staffed with at least one security person equipped with a fully operational metal detector. All persons, with no exceptions, shall be subject to a metal detection scan upon entry into the premises.
All persons who re-enter the club from the smoking area or any other area that is publicly accessible at any time shall be subject to a full search and metal detection scan, with no exceptions.
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, 14 Division, Plain Clothes Unit. One of the persons named in this clause shall be on the premises at all times when the premises are open to patrons.
At all times while the premises are open the Licensee shall ensure that there are clearly visible and functioning security cameras as described in the attached specification entitled:
Night Club CCTV Requirements.doc (See Schedule A below)
The video surveillance system shall be checked prior to each opening to ensure that it is fully functional.
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 Toronto Police Services and to AGCO Inspectors.
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.
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 a designated employee is on duty at all times to ensure that exiting patrons do not block the sidewalk and are not causing a disturbance that will affect nearby residents.
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 a parting wall between the Licensee’s premises and any adjacent space.
The Licensee shall post a prominent sign at each exit that reminds and/or encourages departing patrons to be considerate of the surrounding community.
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.
The Licensee shall use best efforts to arrange garbage pickup and recycling at times that will not disturb nearby residents.
Before applying to change any of the conditions contained herein, the Licensee will provide written notice to the Ward Councillor and all persons residing on and/or owning property within 200 metres of any portion of the Licensee’s property lines.
DATED AT TORONTO THIS 1st DAY OF April, 2010.
PATRICIA MCQUAID, VICE-CHAIR
Attached
IN THE MATTER OF THE LIQUOR LICENCE ACT
R.S.O. 1990, chapter L.19, subsections 15(1) and 21(1)
AND IN THE MATTER OF THE LIQUOR LICENCE OF 1583381 ONTARIO INC. OPERATING AS CENTURY ROOM, 580 KING STREET WEST, TORONTO LICENCE NUMBER 0803202
NOTICE OF PROPOSAL NUMBERS 17610 AND 17772
AGREED STATEMENT OF FACTS
A. Independent Legal Advice
The Licence Holder acknowledges that the Licence Holder has consulted with legal counsel and has obtained independent legal advice prior to entering this Agreement.
B. Agreed Facts
The Licence Holder and the Registrar’s counsel agree to the following:
On June 22, 2009, the licence holder permitted, by failing to search, three patrons to bring handguns into the licence premises. One of these patrons displayed his handgun to threaten another patron.
Based on the facts in paragraph 1, the licence holder admits to a violation of section 45.2 of Ontario Regulation 719/90 under the Liquor Licence Act.
The licence holder and the City of Toronto have agreed that the City will withdraw their complaint against the licensee if conditions are imposed on the liquor licence. The licence holder has agreed to have the conditions imposed.
The licence holder has no prior adverse record with the Commission.
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C. Joint Submissions Regarding Disciplinary Action
The Licence Holder and the Registrar’s counsel submit that the following disposition will be imposed based on the Agreed Facts:
A twenty-one (21) day suspension of the liquor licence to start at 11:00 am on Monday July 26th, 2010 to and including 2:00 am on Monday August 16th, 2010.
Further the conditions as attached in Schedule “A” shall be added to the liquor licence.
Should the Board member make the findings as submitted and imposed the disposition as recommended, then Registrar’s counsel will withdraw the remaining allegations in Notice of Proposal number 17610 dated December 1, 2009 and 17772 dated December 22, 2009.
Dated in Toronto this 22 March, 2010.
for the Licence Holder Richard E. Kulis, for the Registrar of the AGCO
Schedule “A”
Liquor Licence Conditions – Night Club
We, The City of Toronto, consent to withdraw our opposition to the continuation of the Liquor License for the establishment known as Century Room located at 580 King Street West, Toronto, License No. 803202
provided that the following condition in the form set out below be attached to the Licensee’s Liquor License in addition to the conditions as agreed to between the King Spadina Riding Association and the Licensee, a copy of which are attached hereto a marked as Schedule “A”
Before applying to change any of the conditions contained herein, the Licensee will provide written notice to the Ward Councillor and all persons residing on and/or owing property within 200 meters of any portion of the Applicant’s property lines.
City of Toronto
Per: Jessica Braun, Solicitor City of Toronto. Legal Division
We consent to the imposition of the condition set out above as well as those attached to Schedule “A” to our Liquor License, provided the residents and the City withdraws their opposition to the continuation of the Liquor License for the establishment known as Century Room located 580 King Street West, Liquor License number 803202
1583381 Ontario Inc
Per: I have the authority to bind the Corporation
Schedule “A”
Liquor Licence Conditions – Night Club
We consent to withdraw our opposition to the continuation of the Liquor Licence for the establishment known as Century Room located at 580 King Street West, Toronto, Licence No. 803202 (the premises) provided that the following conditions in the form set out below, are attached to the Liquor Licence.
Licence to Operate the Business
- The applicant shall hold a valid business licence, issued by the City of Toronto, to operate a business of the class “Entertainment Facility – Night Club”.
Patron and Public Safety
Security sweeps shall be done of all public areas before club is opened to the public, and a record shall be kept certifying the same, including name and time of inspection and shall be available on request of the police or Liquor Inspectors.
While the premises are closed and un-staffed, all doors will be alarmed except for the entrance doors (to be identified) and any doors to outside patron areas (to be identified).
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 100 patrons on the premises.
The Licensee shall ensure that every entrance to the premises is staffed with at least one security person equipped with a fully operational metal detector. All persons, with no exceptions, shall be subject to a metal detection scan upon entry into the premises.
All persons who re-enter the club from the smoking area or any other area that is publicly accessible at any time shall be subject to a full search and metal detection scan, with no exceptions.
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, 14 Division, Plain Clothes Unit. One of the persons named in this clause shall be on the premises at all time when the premises are open to patrons.
At all times while the premises are open the Licensee shall ensure that there are clearly visible and functioning security cameras as described in the attached specification entitled:
Night Club CCTV Requirements.doc
The video surveillance system shall be checked prior to each opening to ensure that it is fully functional.
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 Toronto Police Services and to AGCO Inspectors.
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.
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 pedestrian.
2
- The Licensee shall ensure that a designated employee is on duty at all times to ensure that exiting patrons do not block the sidewalk and are not causing a disturbance that will affect nearby residents.
Impact on the Neighbourhood
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 a parting wall between the Licensee’s premises and any adjacent space.
The Licensee shall post a prominent sign at each exit that reminds and/or encourages departing patrons to be considerate of the surrounding community.
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.
The Licensee shall use best efforts to arrange garbage pickup and recycling at times that will not disturb nearby residents.
We consent to the imposition of the conditions set out above, to our Liquor Licence, provided the residents and the City withdraw their opposition to the continuation of the Liquor Licence for the establishment known as Century Room located at 580 King Street West, Liquor Licence number 803202.
King Spadina Riding Association
Per:
1583381 Ontario Inc.
Per: Zark Fatah, Vice-President I have the authority to bind the Corporation
Night Club CCTV Requirements
- Location & Number of Cameras
Outside entrance/Exit cameras:
a) One camera for each entrance and each exit. b) Position and aim cameras to provide full video surveillance approach path to doorway. c) Position cameras not more than 10 feet above grade.
Inside Entrance/Exit camera:
a) One camera for each entrance and each exit. b) Position and aim cameras to provide full video surveillance approach path to doorway. c) Position cameras not more than 8 ft above floor.
Other Cameras
a) Provide cameras for video surveillance of all publicly accessible spaces (sidewalks and laneways, etc) that are adjacent to the premises. b) Position cameras not more than 10 feet above grade.
- Digital Video Quality and Retention
Retention & Access
a) All digital video must be retained for 30 days after date of recording b) All digital archives must be made available free of charge immediately on demand by Toronto Police Services and/or AGCO Enforcement Officers
Quality of video taken from Archives
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.
a) Camera capability: suitable for night viewing b) 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 c) Archive requirement - write to storage medium at 50% quality or better
Note to vendors providing proprietary software - original recorded video must be openly viewable in a court of law.