Licence Tribunal
Appeal d'appel en
Tribunal matière de permis
2012-12-13
FILE:
7610/LLA
CASE NAME:
7610 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
2313739 Ontario Inc. o/a Lebanese Nights
Applicant
-and-
Registrar of Alcohol and Gaming
Respondent
-and-
City of Toronto
Added Party
DECISION AND ORDER
ADJUDICATOR:
Laurie Sanford, Vice-Chair
APPEARANCES:
For the Applicants:
Yasser Debbo, Agent
For the Respondent:
Joyce Taylor, Counsel
For the City of Toronto:
Mark Crawford, Counsel
Heard in Toronto:
November 30, 2012
ORDER
This hearing arises out of a Notice of Proposal issued by the Registrar of Alcohol and Gaming (the “Registrar”) under the Liquor Licence Act, (the “Act”) on July 6, 2012 to review an application for a liquor licence by 2313739 Ontario Inc. o/a Lebanese Nights (“Lebanese Nights”) on the basis that the Registrar has received one or more written objections to the application.
At the outset of the hearing, the parties advised that they have settled the issues between them and that they have agreed that a liquor licence should be issued to Lebanese Nights subject to certain terms and conditions. They further advised that they wish an Order from this Tribunal which incorporates these terms and conditions.
Accordingly and on consent of the parties, the Tribunal directs the Registrar to issue a liquor licence to Lebanese Nights for the premises at 1961 Lawrence Avenue East, Toronto, Ontario. The liquor licence will be subject to the terms and conditions attached to this Order as Schedule “A”.
LICENCE APPEAL TRIBUNAL
Laurie Sanford, Vice-Chair
Released: December 13, 2012
LICENCE APPEAL TRIBUNAL
IN THE MATTER OF THE LIQUOR LICENCE ACT, R.S.O. 1990, C. L.19
AND IN THE MATTER OF THE LIQUOR LICENCE APPLICATION OF NORTH OF 2313739 ONTARIO INC., OPERATING AS LEBANESE NIGHTS, 1961 LAWRENCE AVENUE EAST, TORONTO, ONTARIO
CONSENT
WHEREAS 2313739 Ontario Inc. (the “Licensee”) and the City of Toronto (the “City”), are the “Parties” with respect to the liquor licence application by the Licensee for the licensed premises to be known as Lebanese Nights, located at 1961 Lawrence Avenue East, Toronto (“Premises”);
AND WHEREAS the City will not provide evidence at the Licence Appeal Tribunal in opposition for the application for a liquor licence for the Premises provided that the conditions, as set out in Schedule “A” attached to this Consent, are attached to the liquor licence of the Licensee for the Premises;
AND WHEREAS the Licensee has agreed to have the said conditions as set out in Schedule “A” attached to this Consent, attached to the liquor licence of the Licensee for the Premises.
NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the Parties agree as follows:
(a) to request that the Licence Appeal Tribunal direct the Registrar of the Alcohol and Gaming Commission of Ontario (“AGCO”) to issue a liquor licence to the Licensee for the Premises, attaching the conditions as set out in Schedule “A” attached to this Consent;
(b) that the City receive a copy of the liquor licence as issued; and
(c) that the City be notified should the Licensee or its successor make application to the Registrar to remove any or all of the said Conditions.
Dated at Toronto this 30^th^ day of November, 2012.
2313739 Ontario Inc. City of Toronto by its Solicitor
Mark A. Crawford
SCHEDULE “A”
Conditions to be attached to the Liquor Licence Premises at
1961 Lawrence Avenue East, Toronto
a) The Licensee 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 at all times 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 sale and service of alcohol shall cease at 10:00 PM on the patio with the signs of service to be removed by 10:45 PM, and the patio shall be closed to the public at 11:00 PM.
e) No music, live entertainment or amplified sound are permitted on the patio.
f) 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.
g) The Licensee shall ensure that a designated employee or doorman is on duty at the Premises at all times to make the best possible efforts to ensure that patrons and any other people in the areas surrounding any entrance/exit of the Premises, and in any outdoor area of the Premises, are not causing a disturbance that will affect nearby residents, until one hour after the closing of the Premises
h) 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.
i) 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 includes, but is not limited to, sound that is generated by any 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.
j) A video surveillance system shall be installed and maintained at the Premises and all video recordings be retained for a minimum of 30 days.