Licence Tribunal
Appeal d'appel en
Tribunal matière de permis
2015-07-14
FILE:
9476/LLA
CASE NAME:
9476 v. Registrar of Alcohol and Gaming
Appeal from the Notice of Proposal of the Registrar of Alcohol and Gaming under the Liquor Licence Act to Review an Application for a Licence
2438656 Ontario Inc. o/a 88 Ossington
Appellant
-and-
Registrar of Alcohol and Gaming
Respondent
-and-
City of Toronto and Ossington Community Association and Gunars Imaks
Added Parties
CONSENT ORDER
ADJUDICATOR:
D. Gregory Flude, Vice-Chair
APPEARANCES:
For the Appellant:
Richard Kulis, Counsel
For the Respondent:
Tamara Brooks and Rena Khan, Counsel
For the Added Parties:
Scott Nowoselski, Counsel for the City of Toronto
Jessica Wilson, Agent for the Ossington Community Association
Gunars Imaks, Self-represented
Heard in Toronto:
June 26, 2015
CONSENT ORDER
At the outset of the hearing, the parties requested a recess to discuss settlement of the outstanding issues between them. When the hearing resumed, Ms. Wilson, President of the Ossington Community Association, failed to appear and the hearing continued in her absence. The remaining parties advised the Tribunal that they had reached a settlement of all outstanding issues and asked the Tribunal to issue an order on consent.
Accordingly, the Tribunal orders:
- The Registrar of Alcohol and Gaming shall issue a liquor sales licence to the Appellant with the following conditions attached:
a. The Licensee shall provide to the local City Councillor 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.
b. The Licensee shall post a prominent sign at each exit that reminds and/or encourages departing patrons to be considerate of the surrounding community.
Further, and not forming part of the conditions to be attached to the liquor sales licence or part of the order of the Tribunal, the Appellant, the City of Toronto and Gunars Imaks have agreed that the Appellant/Licensee will:
Close all windows on the second and third floors starting at 8:00 p.m. nightly to 9:00 a.m. of the following day;
Not have a dance floor in the licensed area;
Direct any line-up of patrons waiting to enter the licensed premises towards Ossington Avenue;
At all times when an event is taking place at the premises, ensure that there is a staff member supervising the entrance/exit door(s) to monitor patrons and, if necessary, encourage departing patrons to be considerate of the surrounding community;
Adhere to all by-laws of the City of Toronto, including zoning and noise by-laws, applicable to the Licensee’s business.
LICENCE APPEAL TRIBUNAL
D. Gregory Flude, Vice-Chair
Released: July 14, 2015