Application for a Liquor Licence -

1985 Queen Street East (East Toronto)

The Toronto Community Council recommends the adoption of the following motion from Councillor Jakobek:

WHEREAS the Alcohol and Gaming Commission of Ontario will be considering an application for a liquor licence for Just Desserts, 1985 Queen Street East, at an upcoming hearing; and

WHEREAS the owner of 1985 Queen Street East (Athe owner@) is also the owner of the 7th Wave Restaurant, 1982 Queen Street East (Athe 7th Wave@); and

WHEREAS the owner, in relation to his operation of the 7th Wave, was convicted (1) under the Building Code Act, 1992 for constructing a front wall for the restaurant without a permit (2) under the Zoning By-law No. 438-86, as amended, for exceeding the allowable gross floor area in the operation of a restaurant, and (3) under Municipal Code Chapter 241, Noise, for projecting noise into a street or public place; and

WHEREAS the owner, in March and July of 1998, received fines pertaining to the above convictions as well as a court order prohibiting the owner from "continuing or repeating the offence of permitting noise or sound...to project into a street or public place"; and

WHEREAS local residents have complained of repeated noise and liquor license violations in relation to the operation of the 7th Wave; and

WHEREAS subsection 6(2)(h) of the Liquor Licence Act provides that an applicant is entitled to be issued a licence to sell liquor except if the licence is not in the public interest having regard to the needs and wishes of the residents of the municipality in which the premises are located; and

WHEREAS section 7.1 of Regulation 719 under the Liquor Licence Act states that, in the absence of receiving submissions to the contrary, the Board shall consider a resolution of the council of the municipality, in which are located the premises for which a person makes an application to sell liquor or holds a licence to sell liquor, as proof of the needs and wishes of the residents of the municipality for the purposes of clause 6(2)(h) of the Act;

THEREFORE BE IT RESOLVED THAT:

(1)City Council advise the Alcohol and Gaming Commission of Ontario that the issuance of a liquor licence with respect to Just Deserts, 1985 Queen Street East, is not in the public interest having regard to the needs and wishes of the residents of the municipality; and

(2)the City Solicitor be authorized to attend the hearing on February 4, 1999, in opposition to the application.