Item - 2019.TE5.17

Tracking Status

  • This item was considered by Toronto and East York Community Council on April 24, 2019 and was adopted with amendments. City Council has delegated authority for this matter to the Toronto and East York Community Council and therefore, the decision is final.

TE5.17 - Refusal of a Boulevard Café Permit Application Located at 596 College Street, Clinton Street Flankage

Decision Type:
ACTION
Status:
Amended
Schedule Type:
Delegated
Ward:
11 - University - Rosedale

Community Council Decision

The Toronto and East York Community Council:

 

1. Approved the application for the proposed boulevard café located at 596 College Street, Clinton Street flankage, with the following conditions:

 

a. The Licensee shall not sell or serve and shall not permit consumption of liquor on the flank patio after 11:00 p.m., and after 10:00 p.m. on Sundays through Thursdays.

 

b. The Licensee shall ensure the maximum number of seating on the patio is 11 seats.

 

c. The Licensee shall not provide or permit music in outdoor areas of the premises.

 

d. The Licensee shall install a sound/visual barrier at the north end of the patio/outdoor area to minimize the emission of the noise from the patio, in consultation with a sound engineer.

 

e. The Licensee shall ensure that any sound resulting from the operation of the business is not audible beyond the lot line of the property and likely to disturb the quiet, peace, rest, enjoyment, comfort, convenience or safety of the nearby neighbourhood inhabitants in their residences.

 

f. The Licensee shall post prominent signage at the main exits that remind and/or encourage patrons to be considerate of the residents in the neighbouring community.

 

g. The Licensee shall post prominent signage stating patio conditions of the premises.

 

h. 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 answering service for those periods when the Licensee’s staff is otherwise occupied and when the establishment is closed.

 

i. The Licensee shall use best efforts to ensure that all areas immediately adjacent to the establishment are clean and free of litter, refuse and other debris.

 

j. The Licensee shall use best efforts to arrange garbage collection and recycling at times that will not disturb nearby residents.

 

k. The Licensee shall undergo a review of the permit and conditions in one year's time by the local Councillor.

 

l. Should transfer of ownership occur for the premises, the patio licence shall not be transferred. Municipal Licensing and Standards shall report on any transfer applications.

 

m. No changes to conditions without notification to local residents and local Councillor.

Origin

(February 21, 2019) Report from the Director, Business Licensing and Regulatory Services, Municipal Licensing and Standards

Summary

This staff report is about a matter for which the Toronto and East York Community Council has delegated authority from City Council to make a final decision.

 

This is a report on the refusal to issue a permit by Municipal Licensing and Standards in the matter of an application for a boulevard café permit located at 596 College Street, Clinton Street flankage.

Background Information

(February 21, 2019) Report from the Director, Business Licensing and Regulatory Services, Municipal Licensing and Standards - Refusal of a Boulevard Café Permit Application Located at 596 College Street, Clinton Street Flankage
https://www.toronto.ca/legdocs/mmis/2019/te/bgrd/backgroundfile-131541.pdf
(February 21, 2019) Attachments 1 - 2
https://www.toronto.ca/legdocs/mmis/2019/te/bgrd/backgroundfile-131542.pdf

Motions

Motion to Amend Item moved by Councillor Mike Layton (Carried)

That the Toronto and East York Community Council:

 

1. Approve the application for the proposed boulevard café located at 596 College Street, Clinton Street flankage, with the following conditions:

 

a. The Licensee shall not sell or serve and shall not permit consumption of liquor on the flank patio after 11:00 p.m., and after 10:00 p.m. on Sundays through Thursdays.

 

b. The Licensee shall ensure the maximum number of seating on the patio is 11 seats.

 

c. The Licensee shall not provide or permit music in outdoor areas of the premises.

 

d. The Licensee shall install a sound/visual barrier at the north end of the patio/outdoor area to minimize the emission of the noise from the patio, in consultation with a sound engineer.

 

e. The Licensee shall ensure that any sound resulting from the operation of the business is not audible beyond the lot line of the property and likely to disturb the quiet, peace, rest, enjoyment, comfort, convenience or safety of the nearby neighbourhood inhabitants in their residences.

 

f. The Licensee shall post prominent signage at the main exits that remind and/or encourage patrons to be considerate of the residents in the neighbouring community.

 

g. The Licensee shall post prominent signage stating patio conditions of the premises.

 

h. 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 answering service for those periods when the Licensee’s staff is otherwise occupied and when the establishment is closed.

 

i. The Licensee shall use best efforts to ensure that all areas immediately adjacent to the establishment are clean and free of litter, refuse and other debris.

 

j. The Licensee shall use best efforts to arrange garbage collection and recycling at times that will not disturb nearby residents.

 

k. The Licensee shall undergo a review of the permit and conditions in one year's time by the local Councillor.

 

l. Should transfer of ownership occur for the premises, the patio licence shall not be transferred. Municipal Licensing and Standards shall report on any transfer applications.

 

m. No changes to conditions without notification to local residents and local Councillor.

Source: Toronto City Clerk at www.toronto.ca/council