Licence Tribunal
Appeal d'appel en
Tribunal matière de permis
DATE:
2013-05-31
FILE:
8024/LLA
CASE NAME:
8024 v. Registrar of Alcohol and Gaming
An Appeal from a Notice of Proposal by the Registrar of Alcohol and Gaming under the Liquor Licence Act, R.S.O. 1990, c. L. 19 – to Review Application for Licence
2309789 Ontario Inc. o/a Copacabana Adelaide
Applicant
-and-
Registrar of Alcohol and Gaming
Respondent
-and-
The City of Toronto
Added Party
ORDER
ADJUDICATOR:
Simon Dann, Member
APPEARANCES:
For the Applicant:
Jeremia Rudan, Agent
For the Respondent:
Kate Varva, Paralegal
For the Added Party:
Ray Kallio, Counsel
ORDER
The Registrar of Alcohol and Gaming (the “Registrar”) under the Liquor Licence Act issued a Notice of Proposal, number 19757, dated April 3, 2013 to review an application for liquor licence by 2309787 Ontario Inc. on the basis that Registrar had received one or more written objections to the application. At the pre-hearing on this matter held on May 22, 2013, the parties advised that 2309789 Ontario Inc. o/a Copacabana Adelaide, the Applicant, and the Added Party, the City of Toronto, the sole objector to the application, had reached an agreement on conditions to attach to the liquor licence, which would be submitted to the Tribunal.
The Applicant and the City of Toronto have now made a request for issuance of a Consent Order of the Tribunal without a hearing pursuant to section 4.1 of the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22.
Having reviewed the Consent executed by the Applicant and the City of Toronto, filed, the Tribunal makes the following order:
- Upon request of the parties, this Tribunal orders that the proceedings in this matter are concluded and disposed of without a hearing on the basis of the terms set out in the Consent and the conditions as contained within Schedule “A” to the Consent, which are incorporated into and made part of this Order.
LICENCE APPEAL TRIBUNAL
_________________________
Simon Dann, Chair
RELEASED: May 31, 2013
ALCOHOL AND GAMING COMMISSION OF ONTARIO
IN THE MATTER OF THE LIQUOR LICENCE ACT, R.S.O. 1990, C. L.19
AND IN THE MATTER OF THE LIQUOR LICENCE OF 2309787 Ontario Inc., OPERATING AS COPA CABANA ADELAIDE, 230 ADELAIDE ST. W., TORONTO
CONSENT
WHEREAS 2309787 Ontario Inc. (“Licensee”) and City of Toronto (“City”), collectively referred to as the “Parties”, have resolved all outstanding matters with respect to the liquor licence application by the Licensee for the licensed premises known as Copa Cabana Adelaide, 230 Adelaide St. W., Toronto (“Premises”);
AND WHEREAS the City supports 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;
NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the Parties agree as follows:
(a) to request that the Alcohol and Gaming Commission issue a liquor licence to the Licensee for the Premises, attaching the conditions as set out in Schedule A attached to this Consent; and
(b) that the City shall be notified should the Licensee or its successors or assigns make application to the Registrar of the Alcohol and Gaming Commission of Ontario to remove the any or all of the said conditions.
Dated at Toronto this 28th day of May, 2013.
_______________________________
2309787 Ontario Inc. by its Solicitor,
Zijad Saskin
_________________________________
City of Toronto by its Solicitor,
Ray Kallio
SCHEDULE A
Conditions to be attached to liquor licence for
Copa Cabana Adelaide, 230 Adelaide St. W., Toronto
Licence to Operate the Business
a) The applicant shall hold a valid business license, issued by the City of Toronto, to operate a business of the class "restaurant".
Operating as a Restaurant
b) Food Service shall be available from the time of opening until at least 11:00pm 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.
Patron and Public Safety
f) 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: Restaurant CCTV Requirements.
The video surveillance system shall be checked prior to each opening 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 immediately upon their request, and at no cost, to officers of the Toronto Police Services and to AGCO Inspectors.
h) 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 Licensee shall 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.
Impact on the Neighbourhood
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) The Licensee shall post a prominent sign at each exit that reminds and/or encourages departing patrons to be considerate of the surrounding community.
k) 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.
l) The Licensee shall use best efforts to arrange garbage pickup and recycling at times that will not disturb nearby residents.
m) The Licensee shall notify the City within 3 business days if the Licensee makes an application to the Licence Appeal Tribunal to remove any of the Conditions attached to the liquor licence.
n) In the event that the Premises are sold or come under new management, the Licensee shall immediately notify, in writing, the Ward Councillor.
Restaurant 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 of 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 of 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, 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.