Application for Boulevard Cafe - Nairn Avenue flankage of
1340 St. Clair Avenue West - Boyz & Galz Cafe Inc. (Davenport)
The Toronto Community Council recommends that 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:
(1)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
(2)the applicant ensuring that the boulevard cafe is closed and cleared by 12:00 midnight, 7 days a week.
The Toronto Community Council submits the following report (September 3, 1998) from the Acting Assistant
Director, By-law Administration and Enforcement, City Works Services:
Purpose:
To report on the operation of the boulevard cafe on the Nairn Avenue flankage of 1340 St. Clair Avenue West.
Funding Sources, Financial Implications and Impact Statement:
Not applicable.
Recommendation:
That this report be received for information.
Background:
The Toronto Community Council, at its meeting of July 22 and 23, 1998, in considering my report (July 9, 1998) entitled
"Boyz & Galz Cafe Inc. - Application for a Boulevard Cafe - Nairn Avenue Flankage of 1340 St. Clair Avenue West",
recommended that the matter be deferred to its meeting to be held on September 16, 1998 and that the temporary permit for
a boulevard cafe on the Nairn Avenue flankage of 1340 St. Clair Avenue West be extended to September 16, 1998, under
the same terms and conditions approved by City Council, at its meeting held on May 13 and 14, 1998 (i.e. the patio being
closed and cleared by 11:00p.m., Sunday to Thursday, and 12;00 midnight, Friday and Saturday).
In addition, the Toronto Community Council requested the Commissioner of Works and Emergency Services to report on
any complaints respecting this boulevard cafe.
Comments:
As directed by City Council, a temporary cafe licence (expiry date July 31, 1998) for the cafe on the Nairn Avenue
flankage of 1340 St. Clair Avenue West was issued to Mr. Pastore, Boyz & Galz Cafe Inc., on May 27, 1998, until such
time as the poll results could be considered in July by City Council.
The Toronto Community Council, at its meeting of July 22, 1998, in considering the application for the boulevard cafe,
together with the polling results, deferred the matter to its meeting to be held on September 16, 1998 and recommended that
the temporary permit for the boulevard cafe on the Nairn Avenue flankage of 1340 St. Clair Avenue West be extended to
September 16, 1998, under the same terms and conditions approved by City Council on May 13 and 14, 1998. A further
temporary cafe licence (expiry date September 16, 1998) was issued to Mr. Pastore on August26, 1998.
Notwithstanding the poll conducted in May 1997 and the most recent poll in June 1998, wherein the area residents
indicated that the neighbourhood is strongly opposed to the boulevard cafe on the Nairn Avenue flankage of 1340 St. Clair
Avenue West, the cafe has operated since May 27, 1998 without any complaints from members of the public or Toronto
Police Service pertaining to noise or other disturbances at the location.
In addition, site inspections have confirmed that the cafe operator complied with the closing hours.
Given the above, should the Toronto Community Council wish to recommend that a boulevard cafe licence be issued to
Boyz & Galz Cafe Inc. on the Nairn Avenue flankage of 1340 St. Clair Avenue West, as set out in my report dated July 9,
1998, staff should be requested to report back to the Toronto Community Council on the operation of the boulevard cafe at
the end of the 1999 cafe season.
Contact Name and Telephone Number:
Ken McGuire, 392-7564
--------
The Toronto Community Council also submits the Clause 83 of Report No. 10 of the Toronto Community Council
headed, "Application for Boulevard Cafe - Nairn Avenue flankage of 1340 St. Clair Avenue West - Boyz and Galz
Cafe Inc. (Davenport)":
--------
(City Council on July 29, 30 and 31, 1998, adopted this Clause, without amendment.)
The Toronto Community Council recommends that this matter be deferred to its meeting to be held on September
16, 1998 and that the temporary permit for a boulevard cafe on the Nairn Avenue flankage of 1340 St. Clair Avenue
West be extended to September 16, 1998 under the same terms and conditions approved by City Council at its
meeting held on May 13 and 14, 1998 (ie. the patio being closed and cleared by 11:00 p.m., Sunday to Thursday, and
12:00 midnight, Friday and Saturday).
The Toronto Community Council reports having requested the Commissioner of Works and Emergency Services to report
to the Toronto Community Council, at its meeting to be held on September 16, 1998, on any complaints respecting this
boulevard cafe.
The Toronto Community Council submits the report (July 9, 1998) from the Acting Assistant Director, By-law
Administration and Enforcement, City Works Services:
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., 7days 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
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.
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;
(c)alcohol-related problems, i.e. "rowdiness" of cafe patrons;
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.
(A copy of Appendix B, referred to in the foregoing report was forwarded to all Members of the Toronto Community
Council with the agenda for its meeting on July 22, 1998, and a copy thereof is on file in the office of the City Clerk).
Insert Table/Map No. 1
1340 St. Clair Avenue West