Boulevard Cafe - Montclair Avenue
Flank of 390 Spadina Road (Midtown)
The Toronto Community Council recommends that City Council deny the continuation
of the boulevard cafe on the Montclair Avenue flank of 390 Spadina Road.
The Toronto Community Council submits the following report (May 11, 1999) from the
Manager of Right of Way Management, Transportation Services, District 1, Works and
Emergency Services:
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; and
(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
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The Toronto Community Council reports, for the information of Council, having also had
before it during consideration of the foregoing matter, the following communications, and
copies thereof are on file in the office of the City Clerk:
-(May 25, 1999) from Mr. David P. Silcox;
-(May 25, 1999) from Mr. John M. Dirks; and
-(May 25, 1999) from Mr. Joseph L. Bloomenfeld, Barristers & Solicitors requesting
deferral.