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September 29, 1998
To:Toronto Community Council
From:Angie Antoniou, Acting Assistant Director, By-law Administration and Enforcement, City Works Services
Subject:Boulevard Cafe - Gloucester Street Flankage of 601 Yonge Street (Downtown)
Purpose:
To report on the licensed boulevard cafe on the Gloucester Street flankage of 601 Yonge Street which was issued
inadvertently. As this is a matter 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 rescind the licensed boulevard cafe on the Gloucester Street flankage of 601 Yonge Street, subject to:
(a)the licence holder being notified and given the opportunity to be heard by the Toronto Community Council;
(b)a 30 day written notice of cancellation be provided to the licence holder; and
(c)the licence holder be refunded the unexpired portion of the annual boulevard cafe rental fee.
OR
(2)City Council allow the licensed boulevard cafe to continue on the Gloucester Street flankage of 601 Yonge Street,
notwithstanding the negative response to the public poll, and that such approval be subject to 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.
Background:
A boulevard cafe licence was issued on June 25, 1998 prior to the completion date of the poll which was July 3, 1998,
due to an administrative error. The response to the poll was negative and therefore the licence should not have been
issued.
Comments:
Mr. Mohammed Tourougou, o/a Kilo Cafe, 601 Yonge Street, Toronto, Ontario M4Y 1Z5, submitted an application on
March 19, 1998, requesting a licence for a boulevard cafe on the Gloucester Street flankage of 601 Yonge Street.
The proposed cafe area is approximately 26.36 sq. m., as shown on the attached sketch (Appendix'A'). It can
accommodate 6 tables, with a potential seating capacity of 24 people.
This application 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.
As the proposed cafe flanks a residential zone, the Municipal Code requires a public poll of owners and tenants within
120 metres from the proposed cafe. If the majority of the ballots cast are in favour of the application, the application is
approved. If the majority is opposed, the Commissioner must deny the application. If there is a negative response,
re-polling for the same purpose may not take place until 2 years have passed from the closing date of the previous poll.
A poll dated June 3, 1998 to July 3, 1998 was conducted on the north side of Gloucester Street between Nos. 2 to 30,
including 601 Yonge Street, and on the south side of Gloucester Street between Nos. 1 to 37, including 599 Yonge Street,
to determine neighbourhood support. The poll was conducted in English and French. The results of the poll were as
follows:
Polling Summary
| Ballots cast
opposed8
in favour5 |
13 |
| No response |
298 |
| Returned by post office |
50 |
| Total ballots issued |
361 |
Regrettably, a boulevard cafe licence was issued to the cafe operator on June 25, 1998, prior to the completion of the poll,
due to an administrative error. The Municipal Code requires that if the majority of the ballots cast are opposed to the
licensing of the cafe, the Commissioner must deny the application.
Given that the response to the poll was low in comparison to the total ballots issued and upon discussing the matter with
Councillor Kyle Rae's office, it was agreed to allow the cafe to operate until the end of the 1998 cafe season and report
back to the Toronto Community Council on the operation of the cafe.
During the 1998 cafe season, the operation of the boulevard cafe was monitored periodically. Inspections confirmed that
the proprietor complied with the requirements of § 313-36 of Municipal Code Chapter 313, Streets and Sidewalks, of the
former City of Toronto Municipal Code, including the closing time restriction of 11:00 p.m. However, on September 12,
1998, staff observed that patrons were still seated within the cafe area at approximately 11:10 p.m., although no table
service was being provided by the restaurant. An Advice Notice was issued to the proprietor advising of his responsibility
in ensuring that the cafe be closed and cleared by 11:00 p.m. The cafe patrons were requested to leave in the presence of
the inspector.
In addition, we did not receive any complaints from members of the public or Toronto Police Service pertaining to noise
or other disturbances at the subject location.
Conclusions:
The application did not meet the criteria of Municipal Code Chapter 313, Streets and Sidewalks, of the former City of
Toronto Municipal Code as the poll was not in favour. The response to the poll however, was low in comparison to the
total ballots issued. To date, no complaints have been received with respect to the operation of this boulevard cafe.
On hearing the deputations, Toronto Community Council must decide whether or not to recommend to City Council to
continue or deny the boulevard cafe licence.
Contact Name and Telephone Number:
Ken McGuire, 392-7564
Acting Assistant Director
GC
Attach
(p:\1998\ug\cws\bae\to981138.bae) - ba
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