May 11, 1999

To:Toronto Community Council

From:Angie Antoniou, Manager, Right of Way Management, Transportation Services, District 1

Subject:Savorie - Operation of the Boulevard Cafe During the 1998 Cafe Season - Montclair Avenue Flank of 390 Spadina Road (Midtown)

Purpose:

To report on the operation of the boulevard cafe on the Montclair Avenue flankage of 390 Spadina Road. 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 deny the continuation of the boulevard cafe on the Montclair Avenue flank of 390 Spadina Road;

OR

(2)Should City Council approve the continuation of the licence for the boulevard cafe on the Montclair Avenue flank of 390 Spadina Road, with the same terms and conditions as previously approved, the Commissioner of Works and Emergency Services be requested to report back at the end of the 1999 cafe season on the operation of the cafe.

Background:

City Council of the former City of Toronto, at its meeting of July 14, 1997, approved the application for a boulevard cafe, notwithstanding the negative response to the public poll on the Montclair Avenue flank of 390 Spadina Avenue on a trial basis for one year only, 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;

(b)the patio being closed and cleared by 11:00 p.m., seven days a week;

(c)the applicant agreeing to serve no alcohol to patrons in the boulevard cafe for the first year;

(d)the applicant agreeing that no music be played within the area of the outside patio and that this also be noted as a condition in the licence.

Comments:

Licences for boulevard cafes are governed by the criteria set out in § 313-36 of Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code. The provisions of the Municipal Code require the applicant approved for a boulevard cafe, prior to receiving a licence or permission to operate a boulevard cafe, to pave the area for cafe purposes, provide a third party liability insurance policy to indemnify the City, pay in advance an annual rental fee for the use of the City boulevard used for cafe purposes and enter into an agreement with the City of Toronto.

Paving of the boulevard was completed in October 1997 and on June 23, 1998, the requisite insurance documentation was received. Subsequently, a licence was issued on June 25, 1998 to Mr.Ian Genua.

Although a licence for the boulevard cafe on the Montclair Avenue flank of 390 Spadina Road was not issued until June 25, 1998, advice of complaint was received on May 19, 1998 through Councillor Adam's office, on behalf of an area resident, that the cafe was operating beyond the 11:00p.m. closing time restriction and alcohol was being served within the boulevard area. In addition, the complainant indicated that amplified sound, being played inside the restaurant, was being emitted onto the patio area.

Staff met with Mr. Genua, the business operator, to discuss the area resident's concerns pertaining to the operation of the cafe and noise related matters as affecting Montclair Avenue. In addition, Mr.Genua was advised of his responsibility in ensuring that the cafe must be closed and cleared by 11:00 p.m. and all doors and windows, located on the residential flankage (Montclair Avenue), must be closed while there is music or amplified sound being played inside his restaurant.

Following the issuance of the cafe licence, the operation of the boulevard cafe was monitored periodically. Inspections showed that the cafe operated according to the conditions of approval with the exception of one occasion, namely July 10, 1998. Again complaints were received from area residents pertaining to the cafe being operated past the 11:00 p.m. closing time restriction and alcohol being served and consumed within the boulevard cafe area. On July 10, 1998, staff observed that patrons were seated within the cafe area at approximately 11:35 p.m., however, no table service was being provided by the restaurant.

According to Mr. Richard Coulis, Legal Counsel for the Alcohol and Gaming Commission, staff of the Alcohol and Gaming Commission have conducted periodic inspections because of complaints pertaining to the serving of alcohol on the patio and on one occasion observed alcohol being served to the cafe patrons of Savorie Restaurant on July 22, 1998. At a hearing on May 7, 1999 to review the liquor licence application for the outdoor patio, the business operator was issued a suspension of the liquor licence for the restaurant for 5 days (last 2 days of July and first 3 days in August 1999).

In addition, his licence application for the outdoor patio was not approved pending decision on the continuance of the boulevard cafe by City Council.

Conclusions:

On hearing the deputations, the Toronto Community Council must decide whether or not to recommend that City Council approve the continuance of the boulevard cafe on the Montclair Avenue flank of 390 Spadina Road annually under the present terms and conditions imposed by City Council of the former City of Toronto.

Contact Name and Telephone Number:

Ken McGuire, 392-7564

Manager

SA/sa

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