Toronto Licensing Tribunal -

Semi Annual Report, January-June, 1999

The Planning and Transportation Committee recommends the adoption of the recommendations of the Licensing Sub-Committee contained in the following transmittal letter (December 13, 1999) from the City Clerk, Licensing Sub-Committee:

Recommendation:

The Licensing Sub-Committee recommends the adoption of the following recommendations contained in the report (August 19, 1999) from the Chair, Toronto Licensing Tribunal, titled "Toronto Licensing Tribunal - Semi Annual Report, January - June 1999":

(1) City Council amend Section 11(1) of By-law 20-85 to read as follows:

11(1) an applicant for a licence, or for the renewal of a licence is, subject to the provisions of this By-law, entitled to be issued the licence or renewal, except where,

(a) the conduct of the applicant affords reasonable grounds for belief that he has not carried on or will not carry on his trade, calling, business or occupation in accordance with law and with integrity and honesty; or

(b) there are reasonable grounds for belief that the carrying on of the trade, calling, business or occupation by the applicant has resulted or will result in a breach of this By-law or any other law; or

(c) the applicant is a corporation and its conduct or the conduct of its officers, directors, employees or agents affords reasonable grounds for belief that its trade, calling, business or occupation has not been or will not be carried on in accordance with law and with integrity and honesty; or

(d) there are reasonable grounds for belief that the premises, accommodation, equipment or facilities in respect of which the licence is required have not complied or will not comply with the provisions of this By-law or any other law; or

(e) the conduct of the applicant or other circumstances afford reasonable grounds for belief that the carrying on by the applicant of the business in respect of which the licence is sought infringed or would infringe the rights, or endanger the health or safety of other members of the public; and

(2) City Council direct the City Solicitor to amend By-law 20-85 to authorize the Tribunal to suspend penalty for a specified period of time, to be determined by the Tribunal, and grant authority for the introduction of the necessary bill in Council to give effect thereto.

The Licensing Sub-Committee reports having received the revised communication (October 6, 1999) from the City Clerk, Planning and Transportation Committee, with a request that staff expand the report on the power of the Licensing Tribunal to levy fines to include the issue of user fees.

Background:

At its meeting on December 7, 1999, the Licensing Sub-Committee considered a revised communication (October 6, 1999) from the City Clerk advising that the Planning and Transportation Committee, at its meeting on October 4, 1999, had endorsed the report (August 19, 1999) from the Chair, Toronto Licensing Tribunal, headed "Toronto Licensing Tribunal - Semi Annual Report, January - June 1999", and referred it to the Sub-Committee for consideration.

The Planning and Transportation Committee also submits the following report (August 19, 1999) from the Chair, Toronto Licensing Tribunal:

Purpose:

This report is in response to City Council=s direction that the Toronto Licensing Tribunal report at least semi-annually to the Emergency and Protective Services Committee (after June 1, 1999, the Planning and Transportation Committee). The Tribunal is also reporting on its activities since the restructuring of the Commission. Briefly, the report presents an outline of the Tribunal=s purpose, composition, case statistics and recommendations. A copy of the Tribunal=s report is attached.

Funding Sources, Financial Implications and Impact Statement:

There are no funding implications associated with this report.

Recommendations:

The Tribunal recommends:

(1) that City Council amend Section 11(1) of By-law 20-85 to read as follows:

11(1) an applicant for a licence, or for the renewal of a licence is, subject to the provisions of this By-law, entitled to be issued the licence or renewal, except where,

(a) the conduct of the applicant affords reasonable grounds for belief that he has not carried on or will not carry on his trade, calling, business or occupation in accordance with law and with integrity and honesty; or

(b) there are reasonable grounds for belief that the carrying on of the trade, calling, business or occupation by the applicant has resulted or will result in a breach of this By-law or any other law; or

(c) the applicant is a corporation and its conduct or the conduct of its officers, directors, employees or agents affords reasonable grounds for belief that its trade, calling, business or occupation has not been or will not be carried on in accordance with law and with integrity and honesty; or

(d) there are reasonable grounds for belief that the premises, accommodation, equipment or facilities in respect of which the licence is required have not complied or will not comply with the provisions of this By-law or any other law; or

(e) the conduct of the applicant or other circumstances afford reasonable grounds for belief that the carrying on by the applicant of the business in respect of which the licence is sought infringed or would infringe the rights, or endanger the health or safety of other members of the public; and

(2) that City Council direct the City Solicitor to amend By-law 20-85 to authorize the Tribunal to suspend penalty for a specified period of time, to be determined by the Tribunal.

1. Council Reference/Background/History

At its meeting on May 13 and 14, 1998, City Council adopted with amendments, Report No. 6, Clause No. 2, of the Special Committee to Review the Final Report of the Toronto Transition Team headed AOrganization of the Licensing Commission@ (the ASpecial Committee=s Report@). City Council requested that the Tribunal report at least semi-annually to the Emergency and Protective Services Committee, outlining any policy or administrative issues, which need to be addressed by the Committee.

2. Comments

By-law 20-85, Section 11(1)

The Tribunal has discussed Section 11(1) of By-law 20-85. The Tribunal=s concern is that By-law 20-85, Section 11(1), requires the Tribunal to consider only the applicant=s Afuture@ conduct, and does not state that the Tribunal may take into consideration only the applicant=s past or present conduct. Therefore, the Tribunal is recommending that City Council amend Section 11 (1) of By-law 20-85, as set out above in Recommendation No. 1.

Suspended Sentence

Members of the Tribunal have discussed the advantages and disadvantages of suspending the penalty for a period of time, in certain circumstances where there has been a finding of liability under the by-law. During this period of probation, if the licencee breaches the by-law or terms of the probation, the penalty could then be imposed at the discretion of the Tribunal.

Members decided to request City Council to direct the City Solicitor to amend the by-law to authorize the Tribunal to suspend penalty for a specified period of time, to be determined by the Tribunal.

In accordance with City Council=s decision, the Tribunal submits the recommendations set out above for City Council=s information, consideration and action.

Members of the Tribunal would be pleased to attend before the Committee and elaborate further on the contents of the Tribunal=s semi-annual report, including the recommendations.

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The Planning and Transportation Committee also had before it the Toronto Licensing Tribunal Semi-Annual Report - January - June, 1999, appended to the foregoing report, which was forwarded to all Members of Council with the agenda of the Planning and Transportation Committee for its meeting of January 10, 2000, and a copy thereof is on file in the office of the City Clerk.