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-
Town Talk Restaurant & Bar Inc. operating as
Town Talk Restaurant and Bar
Applicant
-and-
City of Toronto
Intervenor
DECISION
Panel: Allan Higdon, Board Member Brian J. Ford, Board Member
Decision Date: February 5, 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
Town Talk Restaurant & Bar Inc., Applicant ) Sean O’Connor, Representative
City of Toronto, Intervenor ) Ray Kallio and Sarah O’Connor, ) Representatives
The Application
- The Registrar of the Alcohol and Gaming Commission of Ontario (“AGCO”) issued Notice of Proposal number 17573, dated September 28, 2009 to review an application for an additional indoor capacity for 44 persons made by Town Talk Restaurant & Bar Inc. (the “Applicant”), operating as TOWN TALK RESTAURANT AND BAR, 616 Vaughan Road, Toronto, Ontario, M6C 2R5, (the “establishment”), liquor licence number 802389, on the basis the AGCO has received one or more written objections to the application. A hearing of the application was held on January 5, 2010 in the City of Toronto.
Decision
- After considering all the evidence and submissions, the Board DENIES the application. Reasons for these findings follow
Preliminary Matters
Richard Kulis appeared on behalf of the Registrar. He advised the Registrar took no position on the public interest aspects of the hearing.
Letters of objection to the application received from the City of Toronto and resident objectors were entered into evidence as Exhibit #1.
Objectors’ Evidence
Councillor Howard Moscoe has been a councillor for Ward 15 in the City of Toronto for 30 years and is very familiar with the area around Town Talk Restaurant and Bar. He also stated that the establishment is in his Ward.
Mr. Moscoe submitted letters of objection from constituents, a letter from him to the AGCO, and a summary of a community meeting, which were entered into evidence as Exhibit #3.
Mr. Moscoe told the Board that in his capacity of councillor he deals regularly with a variety of stakeholders such as owners of businesses and residents and tenants. He noted the neighbourhood is an eclectic one.
Mr. Moscoe said there are many immigrants, families and retired people living in the area around the establishment. He also stated there are a number of child care centres in the vicinity, including the Vaughan Road Infant and Toddler Centre, the St. Bernadette’s Family Resource Centre and the JR Wilcox Childcare Centre.
Mr. Moscoe stated the City of Toronto’s official plan is to develop the area into an arts and studio area.
Mr. Moscoe also noted that at present there are a number of licensed premises in close proximity to the residential buildings that are directly impacted by the activities and patrons of the licensed establishments.
Mr. Moscoe stated there are drug dealers and others who negatively affect the community.
Mr. Moscoe stated parking is a significant problem in the area and that the establishment will lose two spaces that they had been using, which belong to the city, as a result of the city redesigning the area.
Mr. Moscoe noted that the concentration of bars in the area is detrimental to the community. He also noted that the community spirit is very good and he and community representatives are trying to work with the bars.
Mr. Moscoe’s opinion is that the establishment was a night club and not a restaurant/bar.
Mr. Moscoe stated that noise is a problem in the area of the establishment and that he has received numerous complaints of noise relating to the establishment. He described the noise emanating from the establishment as excessive. The noise (loud music) from establishment continues late into the night.
Mr. Moscoe stated that the noise is a particular problem due to the fact that residences back onto the establishment and are beside and across from it.
Mr. Moscoe stated he has tried to get the bars in the area to join the Business Improvement Association (“BIA”) however to date they have not joined it.
Mr. Moscoe told the Board that in his opinion the “bar should not be granted an increase in capacity as it would be a problem for the community.” It would not be in the interest of the community to grant any increase in capacity.
Mr. Moscoe stated there is a problem with the behaviour of patrons loitering outside the establishment, which include using the neighbourhood as a toilet.
Mr. Moscoe also noted that there have been violent incidents in and around the establishment and he again pointed out the lack of parking for the establishment.
Under cross-examination, when Mr. Moscoe was asked if the establishment was a bar or nightclub he stated that, in his opinion, it was a bar but that it operated like a night club.
Mr. Moscoe reiterated that parking was a problem in the area.
Mr. Moscoe stated in reference to the violence, it occurred across the street from the bar.
Mr. Moscoe reiterated he had been the recipient of numerous noise complaints. He has been told of people being in front of the bar with beer bottles.
Mr. Moscoe also stated that the patio for the bar had been closed down by the city. He did not recall the specific reason.
Constable (“Cst.”) Jeffrey Taylor is a police officer with the Toronto Police Service.
Cst. Taylor works out of 13 Division and is responsible for monitoring and enforcement of to liquor establishments in this Division.
Cst. Taylor works with AGCO inspectors and the Ontario Provincial Police in conducting liquor licence inspections at bars.
Cst. Taylor is aware of Town Talk at 616 Vaughan Road, noting that there are six licensed establishments in close proximity to the establishment.
He has worked with Mr. Barrows, the manager of the establishment, about problems and Mr. Burrows has made attempts to comply, such as putting up perimeter lighting around the Bar.
Cst. Taylor stated the clientele can be described as anti-social and violent. A street gang known as the “Bloods” frequent the establishment and that he has seen them go into the bar with their colours on.
Cst. Taylor talked to Mr. Barrows about the gang members wearing colours in the bar and this has ceased. He also pointed out gang members to Mr. Barrows, suggesting that they would not be preferred clientele.
Cst. Taylor noted there was a murder which occurred approximately 15 feet from the establishment.
Cst. Taylor stated Mr. Barrows hires security and that they do make a difference, however they are not as efficient as when they know the police are in the area.
Cst Taylor stated a lot of the people who come to the establishment do not live in the community. The local community people do not go to the bar.
Cst. Taylor stated parking in the area is a nightmare depending on the event that is going on. He has called in parking control on a number of occasions to deal with the parking. Patrons of the establishment are a good part of the parking problem.
Cst. Taylor stated that a 50% increase in the capacity of Town Talk would increase the problems in the community by the same amount.
Cst. Taylor stated that there are numerous noise complaints regarding Town Talk which are caused by loud music, doors being left open and the fact the establishment has single-pane windows.
Cst. Taylor stated the noise was loud and unacceptable and it went on into the early morning. The noise problem he noted has an impact on police calls for service.
Cst. Taylor also stated the bar has a person out front of the establishment cooking jerk chicken after closing. There is a line up at the BBQ and the people in line talk loudly.
Cst. Taylor has seen people urinating in the alley beside the establishment and he has also seen patrons with beer bottles outside the establishment.
Cst. Taylor does not believe it would be in the public interest to increase the capacity of the Town Talk. He believes an increase in capacity would put an increased workload on the police in the area.
During cross-examination, Mr. O’Connor asked if people were allowed in for breakfast and Cst. Taylor stated they do not serve breakfast at the establishment.
When asked about the doors, Cst. Taylor stated they needed doors that shut automatically, which would help reduce the noise.
Cst. Taylor was asked about “booze cans” and he stated that there are “booze cans” in the area and search warrants have been executed on them.
Cst. Taylor reiterated the problem with gang activity in and around the bar. Though the police have done considerable work in reducing gang activity, he still sees gang members in the area.
Alejandro Irving lives directly across the street from the bar. He stated he has lived there since 2008.
Mr. Irving regrets moving there and had he known of the problems that he is enduring he would not have purchased the property.
Mr. Irving is an Air Canada Flight Attendant and works on flights that take him away for days at a time.
When he is home there are generally crowds of people congregating at the front of the establishment, particularly Thursday to Sunday.
What bothers him is that patrons fail to respect the surroundings and his property. They leave trash from the food that is sold at the barbecue outside the bar such as Styrofoam boxes. They sit on his garden wall while they eat the food.
Mr. Irving stated he did not feel comfortable to confront the people who abuse his property. He also said that they are patrons of Town Talk. He stated that the grill out front of the establishment is operating all summer long and well past midnight.
Mr. Irving stated if he had a regular job (9 to 5) he would have serious trouble living where he does due to the noise.
Mr. Irving has seen people outside in front of the establishment with beer bottles. He has seen 30 to 40 people gathered outside the establishment from time to time.
Under cross-examination, Mr. Irving also stated that he has called the police on several occasions.
Mr. Irving does not feel comfortable speaking to the owner. He also said the owner approached him after the community meeting.
Mr. Irving noted the doors to the establishment are left open and the music emanating from the establishment is very loud.
Mr. Irving stated there have been two incidents of shootings that he is aware of.
Daniel Greenstein is a resident of the area of the establishment and lives about two blocks away.
Mr. Greenstein noted there have been a number of problems with the establishment in the past.
Mr. Greenstein stated that residents are afraid to walk in front of Town Talk due to the nature of the clientele.
He has seen patrons with a beer bottle in their hand outside the establishment. He called the police.
Under cross-examination, Mr. Greenstein stated he saw the person with the beer bottle when he was driving by the establishment.
Licensee’s Evidence
Paul Barrows is the manager of Town Talk and has been for four years. The establishment is a restaurant and bar not a night club. He also advised the Board that the business is 40% food and 60% liquor.
There are six persons employed by Town Talk and all have been Smart Serve certified.
Mr. Barrows is changing the doors to the front of the establishment so that there are three sets of doors before you get into the club and there are new doors at the front.
Mr. Barrows has been told to turn the music down on a few occasions but he has not been charged under a City by-law.
With respect to the shootings, Mr. Barrows stated they had nothing to do with the bar and did not come from inside the bar.
Mr. Barrows is willing to join the BIA and work with the community.
Mr. Barrows has hired a consultant, Mr. Carlo Pierozzi, to help deal with issues that had been pointed out at the community meeting.
Mr Barrows is seeking an additional 44 seats for the establishment.
Mr. O’Connor submitted a compliance plan to deal with issues in the bar which was entered into evidence as Exhibit #5. Mr. Barrows stated that he was prepared to implement the plan.
Mr. Barrows intends to do background checks on all his staff and any new hires.
Mr. Barrows believes he is prepared to deal with the increased capacity in the establishment.
Under cross-examination by Mr. Kallio, Mr. Barrows stated the bar opened in June 2007, then thought it was June 2008, at which point Mr. Barrows stated he was not sure when the bar opened.
Mr. Barrows stated the barbecue in front of the establishment began operation in the summer of 2009. The barbecue operates after midnight.
Mr. Barrows stated that there are crowds at the barbecue but not all are from his bar. Mr. Barrows stated that there is no noise outside at the barbecue.
With respect to the garbage in the area and what would be done, Mr. Barrows replied he does not leave his establishment.
Mr. Barrows was asked about people with beer in front of his establishment and he said that he has not seen it happen. He did state there are illegal booze places behind Town Talk and perhaps they came from there.
When asked about gang members, he stated that they do come and go and that they are asked for identification. He also stated that it was a big problem for him to ask them to leave his establishment.
Mr. Barrows stated that in relation to gang members, he calls the police to get them out. He then stated that they do not drink.
Mr. Barrows was evasive when answering questions of gang members and when pressed, stated that, “Yes, they do come and they are served and they would be served.”
When Mr. Barrows was asked about the compliance plan, he stated that he began working on the plan on December 30, 2009.
Mr. Barrows has never been charged by an AGCO inspector. When asked about an outstanding charge under the Liquor Licence Act, he stated he did not remember.
When asked again about garbage from his barbecue on the property of Mr. Irving, Mr. Barrows stated that it was gang members who were dropping it there.
Mr. Barrows then said that he has gone across the street and picked up containers.
Mr. Barrows was asked if he would pick up the garbage as it was not addressed in his plan or have security pick it up, he stated he could say for sure it would be picked up.
Mr. Barrows shuts the music off in his establishment at 2:30 a.m. The bar keeps the doors open until 11:00 p.m. He also stated people are coming and going constantly up to 2:30 a.m.
In reply, Mr. Barrows stated he is working with police in relation to gang members.
Mr. Barrows stated he knew gang members by their gang colours.
In response to a question from the Board, Mr. Barrows stated that his brother, Delroy Barrows, was the owner of the bar.
Objectors’ Submissions
Mr. Kallio stated that the bar has been open for almost four years and has a track record that is nothing to be proud of.
Mr. Kallio, noting that Mr. O’Connor stated that the problems are solvable, asked rhetorically, “Well, why has nothing been done in four years?”
Mr. Kallio notes there is the issue of garbage from the barbecue and the grill is open until 2:30 a.m., serving crowds who are loud due to the fact they have been drinking. People then take food from the grill, eat it and deposit garbage on the residence across the street.
Mr. Kallio notes there is no suggestion in the plan to pick up the garbage and Mr. Barrows stated he would not have security do it. It would then continue to be a problem in the community.
Mr. Kallio noted that the doors of the establishment are left wide open in the summer allowing noise in the neighbourhood.
Mr. Kallio stated the bar does not get started until 11:00 p.m. and goes until 2:30 a.m. In his opinion it looks and smells like a night club.
Mr. Kallio stated the manager, Mr. Barrows, was inconsistent in his evidence, stating he knows gang members then he doesn’t know them.
It is Mr. Kallio’s opinion that Mr. Barrows is not a credible witness.
Mr. Kallio referred to Cst. Taylor’s evidence that the majority of the customers are not from the neighbourhood and that they come from outside the GTA.
Mr. Kallio also referred to the evidence of Mr. Irving with regards to crowds of 30 to 35 people at the grill in front of the establishment.
Mr. Kallio notes that Councillor Moscoe has been a councillor for 30 years and he does not believe it would be in the public interest to increase the capacity of the establishment.
Mr. Kallio also referred to Cst. Taylor’s expert opinion as an officer who deals with liquor establishments for many years, that it would not be in the public interest to increase the capacity for the establishment. He noted the problems with traffic and police calls for service.
Mr. Kallio also stated Cst. Taylor, in his evidence, saw gang members go into the establishment with colours on. He also stated Mr. Barrows knows who gang members are and he serves them.
Mr. Kallio stated that it is the balance of public interest and safety that must be considered. There needs to be more improvement in the operation of the bar before any increase can be granted.
It is Mr. Kallio’s opinion that, to date, the establishment has not resolved any of the issues around noise, garbage or security that need to be addressed.
Licensee’s Submissions
Mr. O’Connor stated that his client was charged with overcrowding and that the additional capacity would take care of that problem.
Mr. O’Connor stated that the owner recognizes residents’ concerns and is installing a new door.
Mr. O’Connor stated that the issues of garbage, noise and gang members in the bar are all solvable issues that can be worked on and solved.
Mr. O’Connor stated that Cst. Taylor said that the bar is doing what needs to be done. He also noted that the bar has hired a consultant and it is working with him to rectify any issues that arise.
Mr. O’Connor stated Mr. Barrows does not want criminals in his place. He also notes that Mr. Barrows is prepared to make the necessary changes and has hired Mr. O’Connor and Mr. Pierozzi to ensure the changes are made.
Mr. O’Connor noted again that all of the issues brought to the attention of the Board can and will be corrected. He sees no reason why the increased capacity should not be awarded.
Objectors’ Reply Submissions
Mr. Kallio stated people came with an agenda and that agenda was that they wanted to feel safe in their community. They do not want garbage or noise pollution.
Mr. Kallio stated to let the bar owners do due diligence over the next two years and then perhaps they could apply again when they have addressed the problems.
Decision and Order
The Board is to decide whether or not to approve the application of Town Talk Bar and Restaurant for increased capacity from 105 persons to 149 persons.
The Board heard testimony from Councillor Howard Moscoe, who has been on council for 30 years and is the councillor for the ward in which the establishment is located.
It was Mr. Moscoe’s opinion that the increase in capacity should not be permitted at this time. He referred to numerous complaints that had been received by him from people in the affected community, such as complaints of noise, garbage, traffic, parking and violence.
Councillor Moscoe also stated that the increased capacity would not be in the public interest given all the circumstances.
The Board also heard from Cst. Taylor who gave evidence of violence outside the establishment and of street gang members habituating Town Talk. He also gave evidence of what he termed unacceptable noise levels emanating from the establishment, parking problems, traffic issues and garbage.
Cst. Taylor also gave evidence of people urinating beside the building housing Town Talk and people with beer bottles outside the establishment.
Mr. Irving, a resident who lives directly across the street from the Town Talk, gave evidence of the noise and of garbage on his property that emanated from the Town Talk. He also stated that he did not feel safe being out late at night because of the establishment.
Mr. Greenstein also gave evidence similar to that of Mr. Irving.
The Licensee’s manager, Mr. Barrows has said that they are willing and will deal with all of the issues that have been put forward during the hearing.
Mr. O’Connor said the issues of noise, garbage, parking and gang members are all solvable and will be dealt with.
The City of Toronto submitted a letter that clearly outlines their opposition to the application as it is contrary to the public interest. Councillor Howard Moscoe, as noted above, appeared personally and, on behalf of the residents in his ward who would be negatively impacted, opposed the application.
Other residents also wrote and appeared to testify, as noted above, in opposition of the application. They are clearly negatively impacted on a personal level. While the Board notes some positive steps taken by the Applicant, such as having a written plan prepared and having a consultant, it does not resolve all the concerns put forward by the City of Toronto and the resident objectors. The problems identified are many and have been on-going for a significant period of time.
It would not, in the Board’s view, be in the public interest for the application without the concerns being dealt with in a concrete manner.
Order
- After considering all the evidence and submissions, the Board DENIES the application for an additional licensed area made by Town Talk Restaurant & Bar Inc., operating as TOWN TALK RESTAURANT AND BAR, 616 Vaughan Road, Toronto, Ontario, M6C 2R5, liquor licence number 802389 as the owner has not provided sufficient evidence that this application is in the public interest having regard to the needs and wishes of the residents.
DATED AT TORONTO, THIS 5th day of February , 2010.
BRIAN J. FORD, BOARD MEMBER ALLAN HIGDON, BOARD MEMBER