Liquor Licence Application - Lion on the Beach -

1958 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 ("the Commission") will be considering a Notice of Proposal to impose a condition on the liquor licence held by the Lion on the Beach, 1958 Queen Street East ("the Lion"), at a hearing on May 4, 1999; and

WHEREAS the condition under consideration is that the sale and service of liquor on the Lion's westerly patio shall cease at 10:15 p.m. and that all patrons shall be cleared from that patio by 11 p.m. nightly; and

WHEREAS the Lion must already clear it's easterly patio of all patrons by 11:00 p.m., nightly; and

WHEREAS local residents have complained of unacceptable and disruptive levels of noise generated by the operation of the Lion's westerly patio, particularly at night; and

WHEREAS subsection 6(2)(h) of the Liquor Licence Act ("the 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 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; and

WHEREAS subsection 23(12) of the Act provides that the Commission, following a hearing, may attach to a license any condition that the Commission considers proper to give effect to the purposes of the Act;"

THEREFORE BE IT RESOLVED:

(1)That City Council advise the Commission that the Commission should impose a condition on the Lion's Liquor Licence to cease the sale and service of liquor on the westerly patio area at 10:15 p.m., and to clear that patio area of all patrons by no later than 11 p.m., nightly, having regard to the needs and wishes of the residents of the municipality; and

(2)That the City Solicitor be authorized to attend before the Commission at the hearing set for May 4, 1999, in support of the imposition of this condition.