Licence Tribunal
Appeal d'appel en Tribunal matière de permis
DATE: 2012-12-13
FILE: 7553/LLA
CASE NAME: North of Brooklyn Pizzeria 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
North of Brooklyn Inc. operating or intending to operate as North of Brooklyn Pizzeria Applicant
-and-
Registrar of Alcohol and Gaming Respondent
-and-
City of Toronto Added Party
-and-
Joanne Barnard Added Party
DECISION and ORDER
ADJUDICATOR: Patricia McQuaid, Vice-Chair
APPEARANCES:
For the Applicant: James G. Lea, Counsel
For the Respondent: Kate Varva, Paralegal
For the City of Toronto: Mark Crawford, Counsel
For the Added Party: Jo-Anne Barnard, Agent
Heard in Toronto: December 10, 2012
DECISION and ORDER
The Registrar of Alcohol and Gaming (the “Registrar”) under the Liquor Licence Act (the “Act”) issued a Notice of Proposal number 19391 dated July 17, 2012 to review an application for liquor licence by North of Brooklyn Inc operating or intending to operate as North of Brooklyn Pizzeria on the basis that the Registrar received one or more written objections to the application.
The City of Toronto and Joanne Barnard, on behalf of the resident objectors, were made parties to this proceeding at the pre-hearings.
At the commencement of the hearing on December 10, 2012, Mr Lea advised that the parties had reached a settlement of the issues between them. The Tribunal accepted and marked as Exhibits 1 and 2 to the proceeding respectively, the written objections received by the Registrar and the Settlement Agreement signed by Ms Barnard ,with its Appendix ‘A”, the list of conditions to attach to the liquor licence.
Mr Crawford, on behalf of the City of Toronto and Ms Barnard, on behalf of the resident objectors confirmed that objections to the issuance of the liquor licence are withdrawn, on the basis that the eighteen (18) conditions as set out in Appendix “A” attach to the licence. Specifically Ms Barnard advised that the resident objectors who have been in attendance throughout these proceedings are aware of and are in agreement with the settlement reached. Ms Varva confirmed that the Registrar was not taking a position with respect to the application.
Therefore, having reviewed the Exhibits, filed, and hearing submission from the parties, the Tribunal makes the following order:
- The Tribunal hereby approves the application for liquor licence made by North of Brooklyn Inc operating or intending to operate as North of Brooklyn Pizzeria at 650 ½ Queen Street West, Toronto, subject to the conditions as contained within Appendix “A” to the Settlement Agreement (incorporated into and made part of this Order) which shall attach to the licence and subject to the filing of all usual and required municipal clearance letters and application requirements.
LICENCE APPEAL TRIBUNAL
Patricia McQuaid, Vice-Chair
Released: December 17, 2012
APPENDIX “A”
Conditions to be attached to Liquor Licence Premises at 650 1/2 Queen Street West, Toronto
The Licensee shall not have open windows or propped open doors on the Premises after 8:00 PM.
The Licensee shall not sell spirits in the Premises.
The Licensee shall not have outside seating at the Premises.
The Licensee shall not install speakers on the outside of the Premises.
The Licencee shall ensure that any sound that clearly originates from the operation of the business at the Premises is not audible at any residential building after 8:00 PM. This clause includes, but is not limited to, sound generated by any internal or external loudspeakers, conversation by patrons within or outside the Premises, bussing, garbage disposal and bottle disposal.
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.
Should a transfer of the business license for the Premises occur and the Licensee applies to the AGCO to transfer the liquor licence, within 3 business days of submitting the application for the transfer the Licensee shall provide written notification to the City of Toronto City Solicitor and the local Councillor of the transfer application, and post a notice of the transfer application in the window of the Premises that is legible from the street.
The Licensee shall provide a telephone number for residents to register concerns or complaints about the Premises. 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 Premises is closed. Additionally the Licensee shall provide a mobile phone number for residents to text concerns or complaints about the Premises. These messages will normally be received by one of the operators of the Premises, whom will forthwith address the complaint regardless as to whether he is physically at the Premises or not.
The Licensee shall post and maintain a prominent sign at each exit of the Premises reminding or encouraging patrons to be considerate of the surrounding community.
The Licensee shall use its best efforts to arrange garbage pickup and recycling for the Premises at times that will not disturb nearby residents.
The Licensee will arrange to have someone in its employ sweep any debris from the front of the Premises in the morning before it opens.
The Licencee shall use best efforts to ensure that all areas immediately adjacent to the Premises are clear of litter, refuse, and other debris.
The Licensee shall ensure the all liquor containers and garbage are kept in enclosed and secure containers.
A video surveillance system shall be installed maintained at the Premises and all video recordings be retained for a minimum of 30 days.
The incident log and video surveillance recordings from the Premises shall be provided to Alcohol and Gaming Commission of Ontario (“AGCO”) inspectors and/or police upon request.
Food Service shall be available at the Premises at all times the Premises is open for business.
The Licensee shall ensure that a seat is available in the Premises for a majority (greater than 50%) of the approved occupancy, as specified on the liquor licence, during all hours of operation.
The Licensee shall close the Premises at the following times: 9:00 PM on Sunday, 10:00 PM on Monday through Thursday, and 12:00 AM on Friday and Saturday.