Item - 2015.TE2.11

Tracking Status

  • City Council adopted this item on December 11, 2014 without amendments and without debate.
  • This item was considered by the Toronto and East York Community Council on December 4, 2014 and adopted without amendment. It will be considered by City Council on December 11, 2014.

TE2.11 - Liquor Licence Application to Remove Conditions - North of Brooklyn Pizzeria - 650 Queen Street West - Licence No. 239252

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

City Council Decision

City Council on December 11, 2014, adopted the following:

 

1.         City Council direct the City Clerk to advise the Licence Appeal Tribunal (“LAT”) that the City of Toronto objects to the application to remove conditions attached to the liquor licence for North of Brooklyn Pizzeria, 650½ Queen Street West (the “Premises”), as a change of circumstances has not occurred at the Premises to warrant their removal, and that the LAT should issue a Proposal to Refuse the application.

 

2.         City Council request the Licence Appeal Tribunal to provide the City of Toronto with an opportunity to participate in any proceedings with respect to the Premises.

 

3.         City Council authorize the City Solicitor to attend all proceedings before the Licence Appeal Tribunal in this matter, and to take all necessary actions so as to give effect to Council's decision, including adding and deleting conditions to the current liquor licence issued for the Premises, in consultation with the Ward Councillor.

Background Information (Community Council)

(November 13, 2014) Letter from Councillor Mike Layton - Liquor Licence Application to Remove Conditions - North of Brooklyn Pizzeria - 650 Queen Street West - Licence No. 239252
https://www.toronto.ca/legdocs/mmis/2015/te/bgrd/backgroundfile-73862.pdf

TE2.11 - Liquor Licence Application to Remove Conditions - North of Brooklyn Pizzeria - 650 Queen Street West - Licence No. 239252

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 Clerk to advise the Licence Appeal Tribunal (“LAT”) that the City of Toronto objects to the application to remove conditions attached to the liquor licence for North of Brooklyn Pizzeria, 650½ Queen Street West (the “Premises”), as a change of circumstances has not occurred at the Premises to warrant their removal, and that the LAT should issue a Proposal to Refuse the application.

 

2.         City Council request the Licence Appeal Tribunal to provide the City of Toronto with an opportunity to participate in any proceedings with respect to the Premises.

 

3.         City Council authorize the City Solicitor to attend all proceedings before the Licence Appeal Tribunal in this matter, and to take all necessary actions so as to give effect to this Motion, including adding and deleting conditions to the current liquor licence issued for the Premises, in consultation with the Ward Councillor.

Origin

(November 13, 2014) Letter from Councillor Mike Layton, Ward 19, Trinity-Spadina

Summary

North of Brooklyn Pizzeria Inc. (“North of Brooklyn”) is the occupant of an establishment located at 650½ Queen Street West (the "Premises") operating under the name North of Brooklyn Pizzeria.  North of Brooklyn submitted an application to the Licence Appeal Tribunal to remove some of the conditions that currently are attached to the liquor licence for the Premises. The conditions proposed to be removed are listed in Attachment 1 to this Motion.

 

In March of 2012, North of Brooklyn applied for a new liquor licence at the Premises. The City and some local residents objected to the application. In advance of a hearing at the Licence Appeal Tribunal (LAT) on December 12, 2012, North of Brooklyn, a local resident who was a party to the proceedings, and the City reached a settlement on conditions that were placed on the licence. These are the conditions that are subject to the current removal application.

 

The City objects to the current application to remove conditions from the liquor licence as a change in circumstances that would warrant their removal has not occurred at the Premises.

 

The conditions proposed to be removed primarily relate to the prevention of noise impacts late in the evening on local residents living in close proximity to the Premises. North of Brooklyn is located on a flanking street that is set well back from Queen Street West and is extremely close to low density residential properties. Local residents have advised the City that over the last few years North of Brooklyn has at times not abided by the conditions on their licence related to mitigating noise, and as a result local residents are being impacted by North of Brooklyn.

 

A change in circumstance has not occurred to permit the removal of the conditions currently attached to the liquor licence for the Premises. Therefore, it is not in the public interest having regard to the needs and wishes of the residents to have the conditions removed. The Licence Appeal Tribunal should issue a Proposal to Refuse the application.

 

This matter is considered urgent as the deadline for objections to the removal of conditions application was November 9, 2014.

Background Information

(November 13, 2014) Letter from Councillor Mike Layton - Liquor Licence Application to Remove Conditions - North of Brooklyn Pizzeria - 650 Queen Street West - Licence No. 239252
https://www.toronto.ca/legdocs/mmis/2015/te/bgrd/backgroundfile-73862.pdf

Motions

1 - Motion to Adopt Item moved by Councillor Mike Layton (Carried)
Source: Toronto City Clerk at www.toronto.ca/council