Licence Tribunal
Appeal d'appel en
Tribunal matière de permis
DATE:
2013-12-06
FILE:
8031/LLA
CASE NAME:
8031 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 Liquor Sales Licence
Milk Glass Co.
Applicant
-and-
Registrar of Alcohol and Gaming
Respondent
-and-
City of Toronto
Added Party
ORDER
ADJUDICATOR:
Terrance Sweeney, Vice-Chair
APPEARANCES:
For the Applicant:
Charlene da Silva and Kelly Wray, Owners
For the Respondent: For the Added Party:
Tamara Brooks, Counsel, and Kate Varva, Paralegal Jessica Braun, Counsel
Heard in Toronto:
November 14, 2013
ORDER
The Registrar of Alcohol and Gaming (the "Registrar") under the Liquor and Licence Act issued a Notice of Proposal Number 19756, dated April 3, 2013, to review an application for a liquor sales licence by Milk Glass Co. (the "Applicant") on the basis that the Registrar has received one or more written objections to the application.
The hearing commenced on November 14, 2013 in the presence of the Applicant, appearing on its own behalf; Tamara Brooks, Counsel, and Kate Varva, Paralegal, representing the Registrar; and Jessica Braun, Counsel, representing the City of Toronto (the "Added Party").
Ms. Braun advised that the Applicant and the Added Party had agreed on conditions to attach to the licence. Ms. Varva confirmed that the Registrar was not taking a position with respect to the application. Neither of the objectors attended the hearing although notified hereof.
THEREFORE, having heard submissions from the parties and reviewed the draft conditions agreed, the Tribunal hereby approves the application for a liquor sales licence made by the Applicant for premises at 1247 Dundas Street West, Toronto, Ontario, subject to conditions as in Schedule "A", attached and incorporated into this Order, which shall attach to the licence, and subject to the filing of all the usual and required municipal clearance letters and application requirements.
LICENCE APPEAL TRIBUNAL
Terrance Sweeney, Vice-Chair
Released: December 6, 2013
Schedule "A"
In the matter of the application for a liquor sale licence made by Charlene Da Silva and Kelly Wray in respect of:
MILK GLASS CO.,
1247 DUNDAS STREET WEST
TORONTO, ONTARIO
CONSENT
Charlene Da Silva and Kelly Wray, the applicants in respect of the above noted premises, hereby consent to the following terms and conditions being attached to the liquor licence for the establishment, Licence No. 815921:
CONDITIONS
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) Notwithstanding condition "c" above, the Licensee shall not operate the premises as an 'Entertainment Establishment – Nightclub' as defined in the City of Toronto Municipal Code.
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.
Impact on the Neighbourhood
g) 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.
h) 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 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.
l) In the event that the Premises are sold or come under new management, the Licensee shall immediately notify, in writing, the Ward Councillor.
We consent to the above conditions being placed on the liquor license.
Signature
Print Name
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Signature
Print Name
Date
Provided these conditions are attached to the liquor licence, I have no objection to the licence being issued.
City of Toronto
Signature
Print Name
Date