October 1, 1998

To:Toronto Community Council

From:Angie Antoniou, Acting Assistant Director, By-law Administration and Enforcement, City Works Services

Subject:Lava Restaurant and Club - (a) Operation of Boulevard Cafe During the 1998 Cafe Season; (b) Request for an Extension of Boulevard Cafe Privileges; (c) Request for an Extension of the Hours of Operation - Palmerston Avenue Flankage of 507 College Street (Trinity-Niagara)

Purpose:

To report on: (a) the operation of the boulevard cafe during the 1998 cafe season; (b) staff's refusal of an application for an extension of boulevard cafe privileges; and (c) the extension of the hours of operation of the boulevard cafe from 11:00 p.m. to 2:00 a.m., 7 days a week. 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:

That the Toronto Community Council may recommend that:

(1)(a)City Council approve the continuation of the existing boulevard cafe licence on the Palmerston Avenue flankage of 507 College Street, with the same conditions and approval as previously granted, i.e. 11:00 p.m. closing time, 7 days a week;

OR

(b)City Council approve the extension of hours of operation for the existing boulevard cafe licence on the Palmerston Avenue flankage of 507 College Street to 2:00 a.m., 7 days a week, as requested by the applicant;

(2)(a)City Council approve the application for an extension to the boulevard cafe for a total cafe area of 89.9 sq. m. on the Palmerston Avenue flankage of 507 College Street, notwithstanding the negative result of 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;

OR

(b) City Council deny the application for an extension of the boulevard cafe on the Palmerston Avenue flankage of 507 College Street;

(3)(a)City Council approve the extension of hours of operation for the proposed extension to the boulevard cafe on the Palmerston Avenue flankage of 507 College Street to 2:00a.m., 7 days a week;

OR

(b)City Council deny the request for an extension of hours of operation for the proposed boulevard cafe extension on the Palmerston Avenue flankage of 507 College Street;

(4)Should City Council approve an extension of the hours, and/or extension of the cafe area, I be requested to report back after the end of the 1999 cafe season on the operation of the cafe.

Background:

Councillor Joe Pantalone has requested that we report on the boulevard cafe licence on the Palmerston Avenue flankage of 507 College Street.

Comments:

Mr. David Stearn, Lava Ltd., o/a Lava Restaurant and Club, 507 College Street, Toronto, Ontario M6G 1A8, submitted an application on August 14, 1997, requesting a transfer of the licence for a boulevard cafe on the Palmerston Avenue flankage of 507 College Street.

Applications to transfer existing licensed boulevard cafe privileges are forwarded to the appropriate Ward Councillor for comments and do not require public posting/polling of the neighbourhood. A transfer application means that the previously licensed boulevard cafe is not altered in any way, physically or operationally. Although the former Councillor Martin Silva had no objections to the transfer of the cafe privileges, he requested us to report to the former City Services Committee on the operation of the cafe after one year's time (Appendix 'A').

A boulevard cafe licence was issued to Mr. Stearn on November 27, 1997.

The licensed area is approximately 33.7 sq. m., as shown on the attached sketch (Appendix 'B, Area1). It can accommodate 8 tables, with a potential seating capacity of 30 people.

Subsequently, a further application was submitted by Mr. Stearn in February 1998, to extend his boulevard cafe area (Area 2 on Appendix 'B') for a total cafe area of 89.9 sq. m., and to extend the operating hours of his boulevard cafe from 11:00 p.m. to 2:00a.m., 7 days a week.

As the proposed cafe extension flanks a residential zone, the Municipal Code requires a public poll of owners and tenants within 120 m from the proposed cafe. If the majority of the ballots cast are in favour of the application, the application is approved. If the majority are 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 March 31 to April 30, 1998 was conducted on the west side of Palmerston Avenue from 264 to 290, including 507 College Street and on the east side of Palmerston Avenue from 255 to 289, including 505 College Street to determine neighbourhood support. The poll was conducted in English, French, Portuguese, Italian and Chinese as requested by the former Councillor (i.e. every person polled received the ballot in 5 languages). The results of the poll were as follows:

Polling Summary

Mr. Stearn was advised in writing on June 4, 1998 that given the negative poll, a licence could not be granted for the extension of his cafe as requested. Furthermore, Mr. Stearn was advised that a further application for a boulevard cafe extension on the Palmerston Avenue flankage of 507 College Street could not be considered for 2 years from the closing date of the public poll which was April 30, 1998.

In response to former Councillor Silva's request for a report on the operation of the cafe after one year's time, the operation of the boulevard cafe was monitored periodically during the 1998 cafe season. 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., except on two occasions (June 26, 1998 and September 6, 1998).

On June 26, 1998, staff observed that the cafe was operating at approximately 11:30 p.m. Again, on September 6, 1998, inspection determined that the cafe was being operated beyond the 11:00 p.m. closing time restriction at approximately 12:23 a.m. An Advice Notice was issued to the proprietor of Lava Restaurant and Club advising to cease operating and adhere to the conditions of their boulevard licence to ensure that the boulevard cafe is closed and cleared by 11:00 p.m.

Our records show that we received two complaints from area residents on Palmerston Avenue pertaining to loud noise emanating from the interior of the restaurant on October 1, 1997 and July 21, 1998.

In addition, we have consulted with a representative of Toronto Police Service, Division No. 14, who advised that no complaints pertaining to the business operation are on file.

The City Clerk's office has notified the owners and occupants within 120 metres along both sides of Palmerston Avenue from the cafe area, advising of Mr. Stearn's request.

Conclusions:

Staff cannot issue Mr Stearn a licence for an extension to the boulevard cafe on the Palmerston Avenue flankage of 507 College Street because the poll was negative.

On hearing the deputations, the Toronto Community Council must decide whether or not to recommend that City Council grant the appeal for the boulevard cafe extension and grant an extension of the boulevard cafe hours for the boulevard cafe on the Palmerston Avenue flankage of 507 College Street.

Contact Name and Telephone Number:

Ken McGuire, 392-7564

Acting Assistant Director

SA/sa

Attach

(p:\1998\ug\cws\bae\to981145.bae) - ba