Licence Tribunal
Appeal d'appel en
Tribunal matière de permis
2013-07-12
FILE:
7962/LLA
CASE NAME:
7962 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 – dated March 5, 2013 to Review Application for Licence for Additional Licenced Area
The Spoke Club
Applicant
-and-
Registrar of Alcohol and Gaming
Respondent
-and-
City of Toronto
Added Party
CONSENT ORDER
CONSENT ORDER
Upon the application to the Tribunal by The Spoke Club, the Applicant, and the City of Toronto 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; and
Having reviewed the written settlement signed by the Applicant and the City of Toronto as to the disposition of these proceedings which is filed and attached hereto as Schedule “A” and noting that the Registrar of Alcohol and Gaming takes no position with respect to the application as confirmed at the prehearing in this matter;
NOW THEREFORE, upon consent 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 said Schedule “A”, which are incorporated into and made part of this Order.
LICENCE APPEAL TRIBUNAL
Patricia McQuaid, Vice Chair
Released: July 12, 2013
SCHEDULE A
Conditions to be attached to liquor licence for The Spoke Club, 600 King Street West, Toronto, Ontario
Private Club
a) The Licensee shall operate as a private club. A private club is a members only establishment open to members and their guests and is not open to the general public.
Licence to Operate the Business
b) 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
c) 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.
d) 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.
e) 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.
f) 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
g) 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.
h) 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.
i) 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 light fixtures will provide illumination levels between 55 to 110 lumens for all such spaces. The Licensee shall further 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
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.