Licence Appeal Tribunal

Safety, Licensing Appeals and Standards Tribunals Ontario

Tribunal d’appel en matière de permis Tribunaux de la sécurité, des appels en matière de permis et des normes Ontario

Date: 2019-10-24

Appeal from a Notice of Proposal issued by the Deputy Registrar under the Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996, to Review an Application for a Licence under ss. 8(4)(b) and 21(1) of the Liquor Licence Act, R.S.O. 1990, c. L.19

Between:

Fix Coffee + Bikes Inc. o/a Fix Coffee + Bikes Appellant

and

Registrar, under the Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996 Respondent

and

City of Toronto Added Party

and

Gabriella Kuntz, on behalf of the Objectors Added Party

CONSENT ORDER

Order Made by: Jennifer Friedland, Member

Appearances: For the Appellant: Fred Sztabinski, Owner & Gengeral Manager, Fix Coffee + Bikes For the Respondent: Valereen Sealie, Counsel For the City of Toronto: Mark Crawford, Counsel For the Objectors: Gabriella Kuntz, on behalf of the Objectors

Date of Order: October 24, 2019

OVERVIEW

1This is an appeal from a Notice of Proposal of the Deputy Registrar of the Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996, c. 26, Sched., issued on March 20, 2019 to review the appellant’s application for a licence under sections 8(4) (b) and 21(1) of the Liquor Licence Act, R.S.O. 1990, c. L.19.

2The appellant is Fix Coffee + Bikes Inc. (Fix), operating at 80 Gladstone Avenue in Toronto. The City of Toronto is an added party on consent. Gabriella Kuntz is also added as a party on consent, on behalf of the objectors.

3A 4-day hearing was scheduled for October 22, 23, 24 and 25, 2019, in Toronto; however, prior to the hearing of any evidence, the parties reached an agreement to allow the appellant to have a liquor licence subject to certain conditions, as set out in the Order below.

4The parties further agreed that the premises would close by 9pm, as already required under Committee of Adjustment decision dated March 9, 2016 for file # A1236/15TEY.

5The objectors and the appellant further agreed, and entered into a side agreement dated October 22, 2019, that:

a. Fix Coffee + Bikes Inc. at 80 Gladstone Avenue in Toronto (Fix), shall not request any changes or amendments with respect to indoor capacity, hours of operation, AGCO liquor licence, and/or outdoor seating that exceeds what is permitted under Chapter 742 (sidewalk cafes, parklets, and marketing displays) and 743 (use of streets and sidewalks) of the City of Toronto Municipal Code as may be amended from time to time, for 3 years from the date of this Order;

b. Fix will be entitled to receive 2 special occasion permits per year at 80 Gladstone Avenue, and additional special occasion permits if agreed to in writing by Gabriella Kuntz on behalf of the objectors or her designate;

c. Fix will not apply to transfer the AGCO liquor licence at 80 Gladstone Avenue in Toronto and must surrender the liquor licence to the AGCO upon the closing of property business (licence # B71-4649538); and

d. Fix and the objectors may amend this agreement in writing. For the purpose of this section, the consent of Gabriella Kuntz or her designate will stand as consent of the objectors.

6As a result of the agreements reached above, the objectors have withdrawn their objection to the application, and the following order is made on consent of all parties.

THE TRIBUNAL ORDERS ON CONSENT:

7The Registrar shall issue a licence to the appellant, Fix-Coffee + Bikes Inc. for the premises located at 80 Gladstone Avenue in Toronto with the following conditions:

1. The sale and service of alcohol in the premises shall not commence until 11:00 a.m. and shall stop at 8:15 p.m. daily.

2. The capacity of the premises shall be limited to 30 people, including patrons and staff.

3. The Licensee shall post a prominent sign at each exit that reminds and/or encourages departing patrons to be considerate of the surrounding community.

4. 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 premises is closed.