Item - 2019.TE5.20

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.

TE5.20 - Refusal of a Boulevard Café Permit Application Located at 477 Church Street, Maitland Street Flankage

Decision Type:
ACTION
Status:
Amended
Schedule Type:
Delegated
Ward:
13 - Toronto Centre

Community Council Decision

The Toronto and East York Community Council:

 

1. Approved the application for the proposed boulevard café permit located at 477 Church Street, with the following conditions:

 

a. The patio shall only operate within the following hours Monday to Thursday – 7:00 a.m. to 11:00 p.m., with the patio cleared of all patrons, tables and chairs by 11:30 p.m. Friday to Saturday and days before statutory holidays – 7:00 a.m. to 11:59 p.m. with the patio cleared of all patrons, tables and chairs by 12:30 a.m. Sunday - 8:00 a.m. to 10:59 p.m. with the patio cleared of all patrons, tables and chairs by 11:30 p.m.


b.There shall be no amplified sound and/or music at any time on the patio.


c. Doors must always remain closed when music is being played inside the establishment.


d. 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.


e. The Licensee shall ensure that any sound resulting from the operation of the business is not audible beyond a reasonable distance from the lot line of the property on which the premises are located. This clause refers to sound that is generated by any conversation by patrons within the premises, bussing of tables, garbage and bottle disposal. A reasonable distance for such sound to be considered in non-compliance is any point opposite the Licensee’s premises that is separated by a public street, public or private laneway or a parting wall between the Licensee’s premises and any adjacent space.


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


g. The Licensee shall ensure that a staff member patrols/monitors the events to ensure that noise is kept to a reasonable volume.


h. 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.


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


2. Directed that an operational review be conducted in two (2) years and sent back to Toronto and East York Community Council for review and renewal.

Origin

(March 26, 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 477 Church Street, Maitland Street flankage.

Background Information

(March 26, 2019) Report from the Director, Business Licensing and Regulatory Services, Municipal Licensing and Standards - Refusal of a Boulevard Café Permit Application Located at 477 Church Street, Maitland Street Flankage
https://www.toronto.ca/legdocs/mmis/2019/te/bgrd/backgroundfile-131626.pdf
(March 26, 2019) Attachments 1 and 2
https://www.toronto.ca/legdocs/mmis/2019/te/bgrd/backgroundfile-131627.pdf

Communications

(April 22, 2019) Letter from Brent Ledger (TE.Supp.TE5.20.1)

Motions

Motion to Amend Item moved by Councillor Kristyn Wong-Tam (Carried)

That the Toronto and East York Community Council:

 

1. Approve the application for the proposed boulevard café permit located at 477 Church Street, with the following conditions:

 

a. The patio shall only operate within the following hours Monday to Thursday – 7:00 a.m. to 11:00 p.m., with the patio cleared of all patrons, tables and chairs by 11:30 p.m. Friday to Saturday and days before statutory holidays – 7:00 a.m. to 11:59 p.m. with the patio cleared of all patrons, tables and chairs by 12:30 a.m. Sunday - 8:00 a.m. to 10:59 p.m. with the patio cleared of all patrons, tables and chairs by 11:30 p.m.


b.There shall be no amplified sound and/or music at any time on the patio.


c. Doors must always remain closed when music is being played inside the establishment.


d. 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.


e. The Licensee shall ensure that any sound resulting from the operation of the business is not audible beyond a reasonable distance from the lot line of the property on which the premises are located. This clause refers to sound that is generated by any conversation by patrons within the premises, bussing of tables, garbage and bottle disposal. A reasonable distance for such sound to be considered in non-compliance is any point opposite the Licensee’s premises that is separated by a public street, public or private laneway or a parting wall between the Licensee’s premises and any adjacent space.


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


g. The Licensee shall ensure that a staff member patrols/monitors the events to ensure that noise is kept to a reasonable volume.


h. 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.


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


2. Direct that an operational review be conducted in two (2) years and sent back to Toronto and East York Community Council for review and renewal.

 

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