October 28, 1998

To:Toronto Community Council

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

Subject:Fran Restaurants - Operation of the Boulevard Cafe - Holly Street Flankage of 45 Eglinton Avenue East (North Toronto)

Purpose:

To report on the operation of the boulevard cafe on the Holly Street flankage of 45 Eglinton Avenue East, during the 1998 cafe season.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendation:

That City Council approve the continuation of the licence for the boulevard cafe on the Holly Street flankage of 45 Eglinton Avenue East, with the same terms and conditions as previously approved, i.e. 11:00 p.m. closing time, 7 days a week, since there were no complaints received from the neighbourhood.

Background:

City Council, at its meeting of May 13 and 14, 1998, approved the application for a boulevard cafe on the Holly Street flankage of 45 Eglinton Avenue East, notwithstanding the negative result of the public poll, and that such approval be subject to the applicant complying with criteria set out in '313-36 of Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code and requested the Commissioner of Works and Emergency Services to report on the patio to the Toronto Community Council at its meeting to be held on November 12, 1998.

Comments:

As outlined in the Department's earlier report (April 22, 1998), Mr. Deck's proposal was modified at staff's request to ensure that the cafe area was wide enough to accommodate patrons in wheelchairs. Mr. Deck paid for the reconstruction of a portion of the sidewalk to meet this requirement and the work was completed on August 17, 1998.

Subsequently, a boulevard cafe licence was issued to Mr. Deck on August 25, 1998.

Periodic inspections show that the proprietor has complied with the requirements of ' 313-36 of the former City of Toronto Municipal Code Chapter 313, including the closing time restriction of 11:00p.m.

In addition, we have not received any complaints from members of the public or Toronto Police Service pertaining to noise or other disturbances at the subject location.

Conclusions:

Given that there were no complaints received regarding the operation of the cafe during the 1998 cafe season, I would recommend the continuation of the licence.

Contact Name and Telephone Number:

Ken McGuire, 392-7564

Acting Assistant Director

SA/sa

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