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July 9, 1998
To:Toronto Community Council
From:Angie Antoniou, Acting Assistant Director, By-law Administration and
Enforcement, City Works Services
Subject:Boyz & Galz Cafe Inc. - Application for a Boulevard Cafe - Nairn Avenue
Flankage of 1340 St. Clair Avenue West (Davenport)
Purpose:
To report on the business owner's request to reinstate the boulevard cafe licence on the
Nairn Avenue flankage of 1340 St. Clair Avenue West. As this matter is of public interest, it
is scheduled as a deputation item.
Funding Sources, Financial Implications and Impact Statement:
Not applicable.
Recommendation:
The Toronto Community Council may recommend that:
(1)City Council approve the application for a boulevard cafe on the Nairn Avenue flankage
of 1340 St. Clair Avenue West, notwithstanding the former City of Toronto Council's
decision to cancel the business owner's licence to operate a boulevard cafe, and that such
approval be subject to:
(a)the applicant complying with the criteria set out in § 313-36 of Municipal Code Chapter
313, Streets and Sidewalks, of the former City of Toronto Municipal Code; and
(b)the applicant ensuring that the boulevard cafe is closed and cleared by 12:00 midnight, 7
days a week;
OR
(c)the applicant complying with the criteria set out in § 313-36 of Municipal Code Chapter
313, Streets and Sidewalks, of the former City of Toronto Municipal Code; and
(d)the applicant ensuring that the boulevard cafe is closed and cleared by 11:00 p.m., 7 days
a week;
OR
(2)City Council deny the application for a boulevard cafe on the Nairn Avenue flankage of
1340 St. Clair Avenue West.
Background:
The Toronto Community Council, at its meeting of April 1, 1998, in considering a
communication (February 24, 1998) from Councillor Betty Disero, requested the
Commissioner of Works and Emergency Services to conduct a poll with respect to an
application for a boulevard cafe on the Nairn Avenue flankage of 1340 St. Clair Avenue
West (as shown on Appendix 'A') and to report back on the results of the poll to its meeting
of June 24, 1998.
City Council, at its meeting of May 13 and 14, 1998, in considering a communication (May
7, 1998) from Councillor Disero, approved the issuance of a temporary permit for the cafe
until such time as the poll results can be considered in July by City Council, subject to the
patio being closed and cleared by 11:00 p.m., Sunday to Thursday, and 12:00 midnight,
Friday and Saturday.
Comments:
As directed by the Toronto Community Council, a poll was conducted, dated June 5, 1998
to July 6, 1998, on Nairn Avenue, between house Nos. 6 to 50 and 7 to 51, including 1340
and 1312 St. Clair Avenue West to determine neighbourhood support. The poll was
conducted in English, French, Portuguese and Italian. The results of the poll are as follows:
Polling Summary
| Ballots cast
opposed18
in favour 8 |
26
|
| No response |
113 |
| Returned by post office |
25 |
| Total ballots issued |
164 |
A copy of the ballot sent to the owners and residents of Nairn Avenue within 120 m of the
proposed cafe is attached in Appendix 'B' of this report.
In addition, as directed by City Council, a temporary cafe licence (expiry date July 31,
1998) for the cafe on Nairn Avenue flankage of 1340 St. Clair Avenue West was issued to
Mr. Pastore, Boyz & Galz Cafe Inc., on May 27, 1998. The cafe has operated since May 27,
1998 and we did not receive any complaints from members of the public or the Toronto
Police Service pertaining to noise or other disturbances at the subject location.
In addition, site inspections have confirmed that the operator complied with the closing
hours.
The location meets the physical criteria for boulevard cafes set out in § 313-36 of Municipal
Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code.
Conclusions:
A licence for a boulevard cafe was originally issued to Mr. Pastore on July 15, 1994, with
the closing hours of 11:00 p.m. Because of a history of complaints associated with the
business operation during the 1994, 1995 and 1996 cafe seasons pertaining to:
(a)the cafe operating beyond the 11:00 p.m. closing time restriction;
(b)noise emanating from the cafe area;
(c)alcohol-related problems, i.e. "rowdiness" of cafe patrons;
(d) garbage and fowling; and
(e)vehicles obstructing the sidewalk on the Nairn Avenue flankage;
the former City of Toronto Council, at its meeting of July 14, 1997, approved the
cancellation of the boulevard cafe licence, effective September 10, 1997.
A poll conducted in May of 1997 and the most recent poll, June 1998, indicate that the
neighbourhood is strongly opposed to the boulevard cafe on the Nairn Avenue flankage of
1340 St. Clair Avenue West.
Although the proposed cafe meets the physical criteria for boulevard cafes set out in §
313-36 of Municipal Code Chapter 313, Streets and Sidewalks, of the former City of
Toronto Municipal Code (i.e. setbacks, physical design, location), this criteria alone cannot
address all public concerns which relate to noise, garbage, pedestrian and car traffic.
On hearing the matter, the Toronto Community Council must decide whether or not to
recommend that City Council grant permission for a boulevard cafe on the Nairn Avenue
flankage of 1340 St. Clair Avenue West.
Contact Name and Telephone Number:
Ken McGuire, 392-7564
Acting Assistant Director
DJG
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