Item - 2014.LS30.5

Tracking Status

LS30.5 - Amending Liquor Licence Application Objection Criteria

Decision Type:
ACTION
Status:
Adopted
Wards:
All

City Council Decision

City Council on August 25, 26, 27 and 28, 2014, adopted the following:

 

1.         City Council rescind its direction to the City Clerk under part 5 of item CC50.7 headed "Conditions Attached to Liquor Licences":

 

              Direction to be rescinded:

 

5.         City Council direct the City Clerk to declare that each liquor licence application is not in the public interest unless the applicant has filed with the City Clerk:

 

a.         an enforceable undertaking that the applicant or all managers of the premises will take the Centre for Addiction and Mental Health Safer Bars program within 12 months of the issuance of the liquor licence; and

 

b.         a letter from the local MPP supporting the application for the liquor licence at the premises.

 

2.         City Council authorize the City Clerk to withdraw the City's objections to liquor licence applications made under the general direction in Part 1 above.

Background Information (Committee)

(August 18, 2014) Report from the Executive Director, Municipal Licensing and Standards on Amending Liquor Licence Application Objection Criteria
https://www.toronto.ca/legdocs/mmis/2014/ls/bgrd/backgroundfile-72861.pdf
(August 11, 2014) Attachment 1 - Letter from Tom Mungham, Chief Operating Officer, Alcohol and Gaming Commission of Ontario
https://www.toronto.ca/legdocs/mmis/2014/ls/bgrd/backgroundfile-72862.pdf

Communications (Committee)

(August 11, 2014) Letter from John Nunziata on behalf of Ontario Restaurant Hotel and Motel Association (ORHMA) Toronto Restaurant Region (LS.Main.LS30.5.1)
https://www.toronto.ca/legdocs/mmis/2014/ls/comm/communicationfile-49379.pdf

Communications (City Council)

(August 22, 2014) Letter from Christian Chan, C2 Urban Planning (CC.New.LS30.5.2)
https://www.toronto.ca/legdocs/mmis/2014/cc/comm/communicationfile-49582.pdf

Motions (City Council)

Motion to Adopt Item (Carried)

Vote (Adopt Item) Aug-25-2014 10:41 AM

Result: Carried Majority Required - LS30.5 - Adopt the item
Total members that voted Yes: 39 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Rob Ford, Mary Fragedakis, Mark Grimes, Norman Kelly, Mike Layton, Chin Lee, Peter Leon, Gloria Lindsay Luby, James Maloney, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, Gord Perks, Anthony Perruzza, Ceta Ramkhalawansingh, David Shiner, Karen Stintz, Michael Thompson, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 6 Members that were absent are Michelle Berardinetti, Mike Del Grande, Doug Ford, Giorgio Mammoliti, James Pasternak, Jaye Robinson

LS30.5 - Amending Liquor Licence Application Objection Criteria

Decision Type:
ACTION
Status:
Amended
Wards:
All

Committee Recommendations

The Licensing and Standards Committee recommends that:

 

1.         City Council rescind its direction to the City Clerk under part 5 of item CC50.7 headed "Conditions Attached to Liquor Licences":

 

              Direction to be rescinded:

 

5.         City Council direct the City Clerk to declare that each liquor licence application is not in the public interest unless the applicant has filed with the City Clerk:

 

a.         an enforceable undertaking that the applicant or all managers of the premises will take the Centre for Addiction and Mental Health Safer Bars program within 12 months of the issuance of the liquor licence; and

 

b.         a letter from the local MPP supporting the application for the liquor licence at the premises.

 

2.         City Council authorize the City Clerk to withdraw the City's objections to liquor licence applications made under the general direction above.

Origin

(August 18, 2014) Report from the Executive Director, Municipal Licensing and Standards

Summary

In April 2014, City Council directed the City Clerk to declare a liquor licence application not in the public interest unless the applicant provided an enforceable undertaking that they would complete the Centre for Addiction and Mental Health (CAMH) Safer Bars program and provided a letter of support from the local MPP.

 

This decision was made in response to a staff report from Legal Services outlining a communication received from the Alcohol and Gaming Commission of Ontario (AGCO).  This communication indicated, in part, that the AGCO would no longer accept or enforce conditions on liquor licensed establishments that were beyond the regulatory mandate of the AGCO.

 

Many discussions over the past few months, culminated in a meeting which was convened on July 31, 2014, that brought together City Councillors, MPPs, City staff, and staff from the AGCO. It provided an opportunity to discuss concerns with the current challenges facing the city, the impact to business that these application criteria were having, the challenges they met in complying, and the positive progress and actions that had been undertaken.

 

On August 11, 2014, the Executive Director of Municipal Licensing and Standards (ML&S) received a correspondence from the AGCO, which indicated that existing conditions on liquor licences will remain in force until the City has developed a long-term strategy to address the issues surrounding restaurants, bars and entertainment establishments with liquor licences.

 

ML&S is in the process of establishing the "Municipal Interest in Liquor Licensing Steering Committee," which will lead a number of working groups to review and identify process, policy and/or by-law improvements related to the regulation of liquor licensed establishments. The Steering Committee and work groups will include key stakeholders such as enforcement agencies, interested Councillors, businesses and resident groups. The correspondence from the AGCO also reaffirmed their ongoing commitment to continue the ongoing collaboration and participation in the Steering Committee and work groups currently under development.

 

In light of this recent communication, and in support of enabling lawful business operators, this report recommends the reconsideration by City Council of the need to require liquor licence applicants to complete the Safer Bars program and to obtain a letter of support from the local provincial representative.

Background Information

(August 18, 2014) Report from the Executive Director, Municipal Licensing and Standards on Amending Liquor Licence Application Objection Criteria
https://www.toronto.ca/legdocs/mmis/2014/ls/bgrd/backgroundfile-72861.pdf
(August 11, 2014) Attachment 1 - Letter from Tom Mungham, Chief Operating Officer, Alcohol and Gaming Commission of Ontario
https://www.toronto.ca/legdocs/mmis/2014/ls/bgrd/backgroundfile-72862.pdf

Communications

(August 11, 2014) Letter from John Nunziata on behalf of Ontario Restaurant Hotel and Motel Association (ORHMA) Toronto Restaurant Region (LS.Main.LS30.5.1)
https://www.toronto.ca/legdocs/mmis/2014/ls/comm/communicationfile-49379.pdf

Speakers

Councillor Frances Nunziata
Councillor Gord Perks

Motions

1 - Motion to Add New Business at Committee moved by Councillor Cesar Palacio (Carried)

2 - Motion to Amend Item moved by Councillor Cesar Palacio (Carried)

That Recommendation 3 in the report (August 18, 2014) from the Executive Director, Municipal Licensing and Standards be deleted.


3 - Motion to Adopt Item as Amended moved by Councillor Cesar Palacio (Carried)
Source: Toronto City Clerk at www.toronto.ca/council