Building Permit - Construction of a Third Floor

Floor Patio - 2446-2448 Bloor Street West -

"The Fan", "Billy Bob's" and "The Wedgewood

Restaurant" (York Humber, High Park)

The Toronto Community Council recommends that City Council recommend to the Alcohol and Gaming Commission of Ontario that:

(1)a liquor licence only be granted for the subject patio if it contains restricted hours of operation, closing on Sundays and weekdays at 10:00 p.m. and on Fridays and Saturdays at 11:00 p.m.; and

(2)the capacity of the restaurant for liquor licensing purposes not be increased if a licence is issued.

The Toronto Community Council submits the commuication (May 28, 1999) from the City Clerk:

I am attaching for your attention, copy of Clause No. 9 of Report No. 5 of the York Community Council, which was adopted without amendment by the Council of the City of Toronto at its meeting held on May 11 and 12, 1999.

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Clause No. 9 of the York Community Council Report No. 5, titled "2446-2448 Bloor Street West, "The Fan", "Billy Bob's" and the "Wedgewood Restaurant", Ward 27, York Humber and Ward 19, High Park, which was adopted without amendment, by the Council of the City of Toronto at its meeting held on May 11 and 12, 1999

(City Council on May 11 and 12, 1999, adopted this Clause, without amendment.)

The York Community Council recommends the adoption of the following motions:

Motion by Councillor Saundercook:

WHEREAS the Alcohol and Gaming Commission of Ontario has granted a cafe liquor licence to "The Fan" and "Billy Bob's" at 2446-2448 Bloor Street West, to serve 26 additional customers; and

WHEREAS this establishment currently has a capacity of approximately 750 customers, well above the approximate maximum of 100 customers for other licensed establishments in the neighbourhood; and

WHEREAS the local residents do not support any further expansions to this establishment; and

WHEREAS a licensed rooftop patio would cause significant further disturbances to the neighbourhood and would not be in the public interest; 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;

THEREFORE BE IT RESOLVED that City Council request the Alcohol and Gaming Commission not to grant any additional liquor licences, or expansion of existing liquor licences, for the establishment of 2446-2448 Bloor Street West; and

BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the Toronto Community Council for their records.

Motion by Councillor Nunziata:

WHEREAS notwithstanding the objections of local residents, the Alcohol and Gaming Commission has ruled in favour of the Wedgewood Restaurant receiving a liquor licence for their sidewalk patio; and

WHEREAS the local residents, as a result of this decision, expect to experience an increase in the disruptive patrons to the Wedgewood Restaurant; and

WHEREAS the Wedgewood Restaurant has now also applied for a building permit to construct a third floor patio, which will further increase the number of patrons to the restaurant;

THEREFORE BE IT RESOLVED that City Council express its opposition to the construction of the third floor patio at 2446-2448 Bloor Street West, and to the issuance of any liquor licence for this patio; and

BE IT FURTHER RESOLVED that a copy of this resolution be also forwarded to the Toronto Community Council with a request that the Community Council express its objection to the issuance of a building permit for the construction of the third floor patio.

The York Community Council reports, for the information of Council, having received a communication (April 24, 1999) from Mr.Ian Anderson, Toronto, to Councillor Bill Saundercook, forwarding a copy of the decision of the Alcohol and Gaming Commission, approving an application by the Wedgewood Restaurant for an additional licensed area for a sidewalk patio; and advising that the Commission felt that without evidence of disciplinary action by the police or the Commission, that the Wedgewood Restaurant was operating satisfactorily; that any problems regarding noise, disturbances, etc. were to be dealt with by by-law inspectors or the police; that the restaurant has a building permit for a third floor rooftop patio and construction has started; and requesting that the York Community Council pass a motion objecting to the additional number of patrons who will be virtually in the backyards of many local residents.