Licence Tribunal
Appeal d'appel en
Tribunal matière de permis
2012-06-18
FILE:
7212/LLA
CASE NAME:
7212 v. REGISTRAR OF ALCOHOL AND GAMING
Appeal from the Notice of Proposal of the Registrar of Alcohol and Gaming under the Liquor Licence Act, R.S.O. 1990, c. L. 19 - to Review an Application for a Licence
2272224 Ontario Inc. o/a Bar Buca
Applicant
-and-
Registrar of Alcohol and Gaming
Respondent
-and-
The City of Toronto
Added Party
DECISION AND ORDER
ADJUDICATOR:
Simon Dann, Member
APPEARANCES:
For the Applicant:
Adam Vassos, Counsel
For the Respondent:
Kate Varva, Paralegal
For the Added Party:
Mark Crawford, Counsel
Heard in Toronto:
June 14, 2012
DECISION AND ORDER
BACKGROUND
The Registrar of Alcohol and Gaming (the “Registrar”) under the Liquor Licence Act, (the “Act”) issued a Notice of Proposal, number 18973 dated February 3, 2012, to review an application for a liquor sales licence by 2272224 Ontario Inc., operating as Bar Buca (the “Applicant”), on the basis that the Registrar has received one or more written objections to the application.
The Notice of Proposal was filed as Exhibit #1.
The Notice of Appeal was filed as Exhibit #2.
PRELIMINARY MATTERS
As a preliminary matter, Mr. Vassos, Counsel for the Applicant, advised that the Applicant and the Added Party (City of Toronto) had reached a consent agreement on conditions to be attached to the licence.
The resident objectors who were in attendance advised the Tribunal that that they did not wish to provide any evidence regarding their positions and that they were present as observers of the proceeding.
The Registrar took no position at the hearing.
In light of the consent agreement between the Applicant and the City of Toronto and the absence of evidence from any resident objectors, the Tribunal determined that it was not necessary to have the Applicant give evidence.
ORDER
For the reasons stated above and pursuant to the authority vested in it by section 23(10) of the Liquor Licence Act, the Tribunal directs the Registrar to issue the licence and orders that the following conditions, which directly reflect the agreed conditions of the consent agreement, attach to the licence:
A. The applicant shall hold a valid business license, issued by the City of Toronto, to operate a business of the class "restaurant".
B. Food Service shall be available from the time of opening until at least 11:00 pm or until closing, whichever is earlier, on all days that the Premises are open for business.
C. The Licensee shall ensure that a seat is available for a majority (greater than 50%) of the approved occupancy, as specified on the liquor licence, during all hours of operation.
D. The Licensee shall provide a telephone number for residents to register concerns or complaints. This line will normally be answered by a staff member during the Licensee's published hours of operation. This line will be equipped with a functioning message service for those periods when the Licensee's staff is otherwise occupied and when the establishment is closed.
E. The maximum size of any space made available as a dance floor shall at all times comply with the governing city by-law for restaurants.
F. At all times while the premIses are open the Licensee shall ensure that there are clearly visible and functioning security cameras. The video surveillance system shall be checked on a regular basis to ensure that it is fully functional.
G. 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 as soon as reasonably possible upon their request, and at no cost, to officers of the Toronto Police Services and to AGCO Inspectors with respect to any request made pertaining to public safety.
H. 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 auy internal or external loudspeakers, conversation by patrons within the premises, bussing, garbage disposal 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.
I. No outdoor lineups are allowed at any time. Patrons awaiting seating must be accommodated inside the premises.
J. The Licensee shall post a prominent sign at each exit that remiuds and/or encourages departing patrons to be considerate of the surrounding community.
K. The Licensee shall use best efforts so that all areas immediately adjacent to the establishment are clean and free of litter, refuse and other debris.
L. The Licensee shall use best efforts to arrange garbage pickup and recycling at times that will not disturb nearby residents.
Additional definition of CCTV requirements regarding location and number of cameras are as follows:
Outside EntrancelExit cameras:
a) One camera for each entrance and each exit.
b) Position and aim of cameras to provide full video surveillance of approach path to doorway.
Inside EntrancelExit camera:
a) One camera for each entrance and each exit.
b) Position and aim cameras to provide full video surveillance of approach path to doorway.
Requirement for Digital Video Quality, Retention and 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 as soon as reasonably requested 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 trans-coding 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.
LICENCE APPEAL TRIBUNAL
Simon Dann, Member
Released: June 18, 2012