Licence Tribunal
Appeal d'appel en
Tribunal matière de permis
DATE:
2013-09-06
FILE:
8131/LLA
CASE NAME:
8131 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
Delta Sports Bar
Applicant
-and-
Registrar of Alcohol and Gaming
Respondent
-and-
The City of Toronto
Added Party
-and-
Edward Pien
Added Party
ORDER
ADJUDICATOR:
Mary Ann Spencer, Member
APPEARANCES:
For the Applicant:
Randall Barrs, Counsel
For the Respondent:
Aviva Harari, Counsel
For the Added Parties:
Ray Kallio, Counsel, appearing on behalf of the City of Toronto, and Edward Pien, self-represented
Heard in Toronto:
August 14, 2013
ORDER
The Registrar of Alcohol and Gaming (the “Registrar”) under the Liquor Licence A
ct, (the “Act”) issued a Notice of Proposal, number 19833, dated May 28, 2013 to review an application for additional licensed areas by Delta Sports Bar on the basis that the Registrar had received one or more written objections to the application.
The hearing commenced on August 14, 2013 in the presence of Randall Barrs, Counsel for the Applicant; Aviva Harari, Counsel representing the Registrar; and Ray Kallio, Counsel representing the City of Toronto. A number of individuals who had written letters of objection also attended the hearing.
Ms Harari indicated that the Registrar was not taking a position with respect to the application. Mr. Kallio advised the Tribunal that the Applicant and the City of Toronto had reached an agreement on conditions to attach to the licence. The individual representing the Ossington Community Association, which had submitted a letter of objection, advised the Tribunal that the Association supported the proposed conditions. However, the other objectors present at the hearing indicated that they did not agree to the condition relating to capacity. Mr. Pien requested that he be added as a party to the proceedings, representing those objectors, and the Tribunal so ordered.
At the request of the parties, the proceedings were then adjourned to permit the parties to further discuss the agreement reached between the Applicant and the City of Toronto. Mr. Kallio noted that the City Councillor was in attendance.
When the hearing reconvened, Mr. Kallio advised that a revised set of conditions had been agreed to by all parties. Ms Harari indicated that the Registrar had no objection to the conditions. The Tribunal individually canvassed all parties to confirm their agreement and, for clarity, asked Ms Harari to read the revised conditions into the record.
Subsequent to the hearing, but before issuance of this order, Ms Harari advised the Tribunal that the parties made an amendment to one of the conditions which had been read into the record at the hearing and provided confirmation that all parties consented to the amendment. The Tribunal accepts the revised agreement as settlement of the public interest objections to this application.
Therefore, the Tribunal makes the following order:
- The Tribunal hereby approves the application for additional licensed areas made by Delta Sports Bar for the premises at 247 Ossington Avenue, Toronto, subject to the conditions in Schedule “A” (incorporated into and forming part of this Order) which shall attach to the licence as additional licence conditions and subject to the filing of any required municipal clearance letters or application requirements.
LICENCE APPEAL TRIBUNAL
________________________
Mary Ann Spencer
Member
Released: September 6, 2013
Conditions to be attached to liquor licence for
Delta Sports Bar, 247 Ossington Avenue, Toronto (“Premises”)
Premises
a) The Licensee shall not operate the Premises as an entertainment establishment/nightclub.
b) The Premises shall be licensed to sell and serve alcohol to a maximum capacity of 190 persons.
Licence to Operate the Business
c) The Licensee shall hold a valid business licence, issued by the City of Toronto, to operate a billiard parlour.
Operating as a Restaurant
d) 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.
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.
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.
Impact on the Neighbourhood
g) The Licensee shall ensure that any sound resulting from the operation of the Premises is not audible beyond a reasonable distance from the lot line of the property on which the Premises are located. A reasonable distance for such sound to be considered in non-compliance is any point opposite the Premises that is separated by a public street, public or private laneway or a parting wall between the Premises and any adjacent space.
h) Amplified music or other forms of entertainment in indoor areas of the Premises are only permitted during one-time, non-recurring private, charity or corporate events, and only at levels that are not likely to disturb the quiet, peace, rest, enjoyment, comfort, convenience or safety of the nearby inhabitants in their residences.
i) If the Licensee retains a private contractor to pick up its garbage/recycling, the Licensee shall use best efforts to arrange garbage/ recycling pickup at times that will not disturb nearby residents.
j) The Licensee shall use best efforts to arrange for deliveries at times that will not disturb nearby residents.
k) The Licensee shall notify the City within three business days if the Licensee makes an application to the License Appeal Tribunal to add/remove any of these conditions attached to the liquor licence.
l) In the event that the licence for the Premises is to be transferred, the Licensee shall notify, within three days and in writing, the Ward Councillor.
m) The Licensee shall post a prominent sign at each exit that reminds and/or encourages departing patrons to be considerate of the surrounding community and its residents.
n) The Licensee shall install and maintain in good working order, one exterior light operated by motion sensor, in the laneway north of the Premises, approximately 10 metres in from Ossington Avenue, at the jog in the Premises.
o) The Licensee shall affix a sign to the inside of the back door which leads to the laneway, requesting patrons not to smoke in the laneway.