Item - 2015.TE10.121

Tracking Status

  • City Council adopted this item on September 30, 2015 without amendments.
  • This item was considered by the Toronto and East York Community Council on September 8, 2015 and adopted without amendment. It will be considered by City Council on September 30, 2015.

TE10.121 - Review of Liquor Licence - Muzik Clubs Inc. o/a Muzik, 15 Saskatchewan Road - Licence No. 811574

Decision Type:
ACTION
Status:
Adopted
Ward:
19 - Trinity-Spadina

City Council Decision

City Council on September 30, October 1 and 2, 2015, adopted the following:

 

1.  City Council direct the City Solicitor to request the Alcohol and Gaming Commission of Ontario to issue a Notice of Proposal to suspend or revoke the liquor licence for 15 Saskatchewan Road - Muzik (the “Premises”) on the grounds that the past and present conduct of the Licensee affords reasonable grounds that the business will not be operating in accordance with the law, the Licensee is carrying on activities that are in contravention of the Liquor Licence Act or its regulations, and the operation of the business is not in the public interest with regards to the needs and wishes of the residents in which the Premises is located.

 

2.  City Council request the Alcohol and Gaming Commission of Ontario and the Licence Appeal Tribunal ("LAT") to provide the City with an opportunity to participate in any proceedings with respect to a Notice of Proposal to suspend or revoke the licence for the Premises.
 
3.  City Council authorize the City Solicitor to attend all proceedings before the Alcohol and Gaming Commission of Ontario or the Licence Appeal Tribunal in this matter and to take all necessary actions so as to give effect to Council's decision.

Background Information (Community Council)

(September 3, 2015) Letter from Councillor Mike Layton and Councillor Gord Perks - Review of Liquor Licence - Muzik Clubs Inc. o/a Muzik, 15 Saskatchewan Road - Licence No. 811574
https://www.toronto.ca/legdocs/mmis/2015/te/bgrd/backgroundfile-83370.pdf

Communications (Community Council)

(September 4, 2015) Letter from Councillor Mark Grimes, Chair, The Board of Governors of Exhibition Place (TE.Supp.TE10.121.1)
https://www.toronto.ca/legdocs/mmis/2015/te/comm/communicationfile-54811.pdf

Communications (City Council)

(September 29, 2015) Letter from Zlatko Starkovski, Muzik Event Centre (CC.New.TE10.121.2)
https://www.toronto.ca/legdocs/mmis/2015/cc/comm/communicationfile-56476.pdf
(September 30, 2015) Petition from Councillor Gord Perks, Ward 14, Parkdale-High Park, headed "Close Muzik", containing the signatures of approximately 203 persons, filed during the Routine Matters portion of the meeting (CC.New)

Motions (City Council)

Motion to Adopt Item (Carried)

TE10.121 - Review of Liquor Licence - Muzik Clubs Inc. o/a Muzik, 15 Saskatchewan Road - Licence No. 811574

Decision Type:
ACTION
Status:
Adopted
Ward:
19 - Trinity-Spadina

Community Council Recommendations

The Toronto and East York Community Council recommends that:

 

1.  City Council direct the City Solicitor to request the Alcohol and Gaming Commission of Ontario (AGCO) to issue a Notice of Proposal to suspend or revoke the liquor licence for 15 Saskatchewan Road - Muzik (the “Premises”) on the grounds that the past and present conduct of the Licensee affords reasonable grounds that the business will not be operating in accordance with the law, the Licensee is carrying on activities that are in contravention of the Liquor Licence Act or its regulations, and the operation of the business is not in the public interest with regards to the needs and wishes of the residents in which the Premises is located.

 

2.  City Council request the AGCO and the Licence Appeal Tribunal ("LAT") to provide the City with an opportunity to participate in any proceedings with respect to a Notice of Proposal to suspend or revoke the licence for the Premises.
 
3.  City Council authorize the City Solicitor to attend all proceedings before the AGCO or the Licence Appeal Tribunal in this matter and to take all necessary actions so as to give effect to this Motion.

Origin

(September 3, 2015) Letter from Councillor Mike Layton, Ward 19, Trinity-Spadina, and Councillor Gord Perks, Ward 14, Parkdale-High Park

Summary

Muzik Clubs Inc. (the "Licensee") is the holder of a liquor licence from the Alcohol and Gaming Commission ("AGCO") for the premises operating as Muzik at 15 Saskatchewan Road (the "Premises").  The Premises has been a continued source of concern for local residents with regard to loud noise, public urination, traffic and public intoxication amongst other issues with the Licensee's operations.

 

Toronto Police Service ("TPS") has had on-going dealings with the Premises.  Since June 2012, there have been numerous occurrences reported to TPS in association with the Premises, including several assaults (9 occurrences), assaults causing bodily harm (7 occurrences), assaults with a weapon (2 occurrences), sexual assaults (2 occurrences) and discharge of a firearm (1 occurrence).  In February 2013, Toronto Police Service conducted a murder investigation directly linked to the Premises.  On August 5, 2014, there was a shooting incident directly linked to the Premises.  On August 4, 2015, a shooting incident inside the Premises resulted in the deaths of two patrons.  No charges have yet been laid for the August 4, 2015 incident, but Toronto Police Service officers continue to investigate.

 

The Premises has a business licence from Municipal Licensing and Standards (MLS) for operating as an Entertainment Establishment/Nightclub.  In the last 18 months, Municipal Licensing and Standards staff have received four noise complaints with regards to the Premises.

 

Between the years 2012 and 2015, the AGCO conducted 14 inspections of the Premises and have recorded six infractions.  Amongst these infractions have been those pertaining to drunkenness on the Premises, promoting immoderate consumption on the Premises, use of narcotics on the Premises and permitting disorderly behaviour on the Premises.  In addition to numerous warnings, the AGCO has levied fines totaling approximately $6,000 against the Licensee in this time period.

 

The Licensee has also had several new conditions attached to its liquor licence as of August 2015 following discussions with the AGCO, Toronto Police Service and Municipal Licensing and Standards.

 

It is evident from current events and the ongoing impacts felt by nearby residents that the steps taken by the community, Toronto Police Service and AGCO have not been a deterrent in changing the behaviour of the Licensee and management staff at the Premises. The City is therefore seeking a review of the liquor licence by the AGCO for a suspension or revocation under section 15(1) of the Liquor Licence Act (the "Act") based on the following three grounds:

 

1.  Section 6(2)(d) of the Act, the past and present conduct of the Licensee and managers of the Premises affords reasonable grounds that the business will continue to disturb residents living nearby the establishment and community at large, as demonstrated by the recent charges and historical charges laid by Toronto Police Service and AGCO;

 

2.  Section 6(2)(f) of the Act, the Licensee is carrying on activities that are in contravention of the Act or the regulations, as demonstrated by the numerous charges cited against the Licensee by the AGCO in the past two years; and

 

3.  Section 6(2)(h) of the Act, the licence is not in the public interest having regard to the needs and wishes of the residents in which the premises is located.

 

This matter is considered urgent as the operation of the Premises continues to impact residents in the community.

Background Information

(September 3, 2015) Letter from Councillor Mike Layton and Councillor Gord Perks - Review of Liquor Licence - Muzik Clubs Inc. o/a Muzik, 15 Saskatchewan Road - Licence No. 811574
https://www.toronto.ca/legdocs/mmis/2015/te/bgrd/backgroundfile-83370.pdf

Communications

(September 4, 2015) Letter from Councillor Mark Grimes, Chair, The Board of Governors of Exhibition Place (TE.Supp.TE10.121.1)
https://www.toronto.ca/legdocs/mmis/2015/te/comm/communicationfile-54811.pdf

Speakers

Don Kelcher
Michael I. Binetti, Affleck Green McMurty LLP
Hamish Wilson

Motions

1 - Motion to Add New Business at Committee moved by Councillor Mike Layton (Carried)

2 - Motion to Adopt Item moved by Councillor Mike Layton (Carried)

Vote (Adopt Item) Sep-08-2015

Result: Carried Majority Required
Total members that voted Yes: 8 Members that voted Yes are Joe Cressy, Mary Fragedakis, Mike Layton (Chair), Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Gord Perks, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 4 Members that were absent are Ana Bail„o, Janet Davis, Paula Fletcher, Joe Mihevc
Source: Toronto City Clerk at www.toronto.ca/council