February 25, 1998

To:Toronto Community Council

From:Lesley Watson, Director, By-law Administration and Enforcement, City Works Services

Subject:Whitlock=s Restaurant - Request to Extend the Hours of Operation for the Boulevard Cafe on the Kenilworth Avenue Flankage of 1961 Queen Street East (Ward 26 - East Toronto)

Purpose:

To report on the applicant=s request to extend the hours of operation for the boulevard cafe on the Kenilworth Avenue flankage of 1961 Queen Street East from 10:00 p.m. to 11:00 p.m.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendations:

The Toronto Community Council may recommend that:

(1)City Council approve the extension of the hours of operation for the boulevard cafe on the Kenilworth Avenue flankage of 1961 Queen Street East to 11:00 p.m., 7 days a week, as requested by the applicant;

OR

(2)the closing time restriction for the boulevard cafe on the Kenilworth Avenue flankage of 1961 Queen Street East remain unchanged at 10:00 p.m., 7 days a week;

AND

(3)Should City Council approve an extension of the hours, I be requested to report back after the end of the 1998 cafe season on the operation of the cafe under the extended hours.

Background:

Mr. Dimitri Panayiotou, owner of Whitlock=s Restaurant, has requested an extension of operating hours of his boulevard cafe from 10:00 p.m. to 11:00 p.m., 7 days a week (Appendix >A=). As City Council approved the current operating hours, they must authorize any change.

Comments:

Mr. Dimitri Panayiotou, the new owner of Whitlock=s Restaurant, 1961 Queen Street East, submitted an application to the Department on May 12, 1997, requesting the transfer of the boulevard cafe licence for the cafe on the Kenilworth Avenue flankage. A licence was issued to Mr. Panayiotou on July 17, 1997 with the condition that the cafe be cleared and closed by 10:00 p.m., 7 days a week, as approved by City Council for the former owner.

A transfer is dealt with at the staff level as long as the cafe is not altered in any way, physically or operationally.

We received four (4) letters of complaint from area residents on Kenilworth Avenue about the cafe being open beyond 10:00 p.m., on June 10 and July 1, 1997 (Appendices >B= through >E=). These complaints arrived while the licence was being processed but before it had actually been issued. In response, staff contacted Mr. Panayiotou to discuss his responsibility to ensure that the boulevard cafe is cleared and closed by 10:00 p.m. The licence was issued to Mr. Panayiotou only after receiving his written assurances that the cafe would be operated according to the conditions of approval.

Another complaint was received that food was being sold from the licensed cafe area on the evenings of July 25 and 26, 1997, during the Beaches Jazz Festival after 11:00 p.m. (Appendix >F=). By-law Officers on patrol in the area during the Beaches Jazz Festival observed this unauthorized vending and issued a ticket to Mr. Panayiotou for vending in a prohibited area.

We have not received any further complaints since July 25, 1997 from members of the public or the Toronto Police Service regarding noise or other disturbances at this location.

The former City of Toronto Council, at its meeting of June 10, 1996, considered the same request for extended hours from the previous cafe operator and refused the application.

The City Clerk=s office has notified the owners and occupants within 120 m along both sides of Kenilworth Avenue from the cafe, advising of Mr. Panayiotou=s proposal.

Conclusions:

We have received complaints that Mr. Panayiotou operated the cafe past 10:00 p.m. on 2 evenings, prior to his licence being issued. There has been one other by-law violation at this location -- unauthorized vending -- in July 1997.

The decision on whether or not to extend the operating hours past 10:00 p.m. must be made by City Council, under ' 313-36 of Municipal Code Chapter 313.

On hearing the matter, Toronto Community Council must decide whether or not to recommend that City Council extend the closing time restriction of the cafe.

Contact Name and Telephone Number:

Ken McGuire, 392-7564

Director

MF/mf

Attach

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