Extension of Hours of Operation - Boulevard Cafe on the

Kenilworth Avenue Flankage of 1961 Queen Street East,

Whitlock's Restaurant (East Toronto)

 The Toronto Community Council recommends that:

 (1)City Council approve the extension of the hours of operation for the boulevard cafe on the Kenilworth Avenue flankage of 1961 Queen Street East to 11:00 p.m., 7 days a week, subject to the following terms and conditions:

 (a)the patio not open until 11:00 a.m.;

 (b)the dumping of bottles in outdoor containers after 10:00 p.m. be prohibited;

 (c)the patio be closed at 11:00 p.m. on all festival days;

 (d)any two violations will result in the revocation of the patio licence;

 (e)if the ownership changes, no transfer of the licence will occur without a full hearing on a new application; and

 (f)an agreement incorporating these conditions be signed by the applicant before the extension is granted;

 (2)the Commissioner of Works and Emergency Services be instructed to ensure that the conditions outlined in Recommendation No. (1) are being met; and

 (3)the Commissioner of Works and Emergency Services be requested to review the extension and report to the Toronto Community Council at its meeting to be held on July 22, 1998.

 The Toronto Community Council reports, for the information of Council, that it has requested the Commissioner of Works and Emergency Services to report to the Toronto Community Council on:

 (1)policies and by-laws necessary to implement a general 11:00 p.m. patio closure and clearance policy on Queen Street East from Coxwell Avenue to Victoria Park Avenue;

 (2)methods of pick-up of bottles and garbage, and possible solutions to the noise problems.

  The Toronto Community Council submits the following report (February 25, 1998) from the Director, By-law Administration and Enforcement, City Works Services:

 Purpose:

 To report on the applicant=s request to extend the hours of operation for the boulevard cafe on the Kenilworth Avenue flankage of 1961 Queen Street East from 10:00 p.m. to 11:00 p.m.

 Funding Sources, Financial Implications and Impact Statement:

 Not applicable.

 Recommendations:

 The Toronto Community Council may recommend that:

 (1)City Council approve the extension of the hours of operation for the boulevard cafe on the Kenilworth Avenue flankage of 1961 Queen Street East to 11:00 p.m., 7 days a week, as requested by the applicant;

 OR

 (2)the closing time restriction for the boulevard cafe on the Kenilworth Avenue flankage of 1961 Queen Street East remain unchanged at 10:00 p.m., 7 days a week;

 AND

 (3)Should City Council approve an extension of the hours, I be requested to report back after the end of the 1998 cafe season on the operation of the cafe under the extended hours.

 Background:

 Mr. Dimitri Panayiotou, owner of Whitlock=s Restaurant, has requested an extension of operating hours of his boulevard cafe from 10:00 p.m. to 11:00 p.m., 7 days a week (Appendix >A=). As City Council approved the current operating hours, they must authorize any change.

 Comments:

 Mr. Dimitri Panayiotou, the new owner of Whitlock=s Restaurant, 1961 Queen Street East, submitted an application to the Department on May 12, 1997, requesting the transfer of the boulevard cafe licence for the cafe on the Kenilworth Avenue flankage. A licence was issued to Mr. Panayiotou on July 17, 1997 with the condition that the cafe be cleared and closed by 10:00 p.m., 7 days a week, as approved by City Council for the former owner.

 A transfer is dealt with at the staff level as long as the cafe is not altered in any way, physically or operationally.

 We received four (4) letters of complaint from area residents on Kenilworth Avenue about the cafe being open beyond 10:00 p.m., on June 10 and July 1, 1997 (Appendices >B= through >E=). These complaints arrived while the licence was being processed but before it had actually been issued. In response, staff contacted Mr. Panayiotou to discuss his responsibility to ensure that the boulevard cafe is cleared and closed by 10:00 p.m. The licence was issued to Mr. Panayiotou only after receiving his written assurances that the cafe would be operated according to the conditions of approval.

 Another complaint was received that food was being sold from the licensed cafe area on the evenings of July 25 and 26, 1997, during the Beaches Jazz Festival after 11:00 p.m. (Appendix >F=). By-law Officers on patrol in the area during the Beaches Jazz Festival observed this unauthorized vending and issued a ticket to Mr. Panayiotou for vending in a prohibited area.

 We have not received any further complaints since July 25, 1997 from members of the public or the Toronto Police Service regarding noise or other disturbances at this location.

 The former City of Toronto Council, at its meeting of June 10, 1996, considered the same request for extended hours from the previous cafe operator and refused the application.

 The City Clerk=s office has notified the owners and occupants within 120 m along both sides of Kenilworth Avenue from the cafe, advising of Mr. Panayiotou=s proposal.

 Conclusions:

 We have received complaints that Mr. Panayiotou operated the cafe past 10:00 p.m. on 2 evenings, prior to his licence being issued. There has been one other by-law violation at this location -- unauthorized vending -- in July 1997.

 The decision on whether or not to extend the operating hours past 10:00 p.m. must be made by City Council, under ' 313-36 of Municipal Code Chapter 313.

 On hearing the matter, Toronto Community Council must decide whether or not to recommend that City Council extend the closing time restriction of the cafe.

 Contact Name and Telephone Number:

 Ken McGuire, 392-7564

 The Toronto Community Council reports, for the information of Council, also having had before it the following communications, and a copy thereof is on file in the office of the City Clerk:

 -(March 27, 1998) from Ms. Lorraine A. Chilelli

-(February 8, 1998) from Mr. Peter A. Wilson

-(March 30, 1998) from Mr. Vasilios Papamanolopoulos

-(undated) from Ms. Claire Mason

-29 identical letters of support for extension from area residents

-(March 30, 1998) from Mr. Dimitri Panayiota, applicant

-(March 30, 1998) from Mr. Michael Easson

-(March 31, 1998) from Mr. Larry Campbell

-(March 31, 1998) from Ms. Lida Kotzer

-(April 7, 1998) from Mr. Eric Shabsove, The Roastery Coffee House

-(April 5, 1998) from Mr. Gib and Ms. Lorraine Barlow

-(April 9, 1998) from Ms. Agnes D. Walkinshaw

-(April 27, 1998) from Mr. Ernest H. Toomath

-(April 1, 1998) from Ms. Edna Chua

-(April 30, 1998) from Mr. Bob Bouey

-(May 4, 1998) from Mr. Dimitri Panayiotou, Owner, Whitlock=s Restaurant

-(April 29, 1998) from Mr. Roger Green

-(May 5, 1998) from Mr. Michael F. Easson

-(April 24, 1998) from Ms. Rosalie Macfarlane

-(April 24, 1998) from Ms. Jacqueline Courual

-(April 24, 1998) from Mr. J. Chamberlin

-(April 24, 1998) from Mr. Elmer Theisen

-(April 24, 1998) from Ms. Gloria Theisen

-(May 5, 1998) from Ms. Lida Kotzer

-(May 5, 1998) from Ms. Voula Moran

-(May 1, 1998) from Mr. Jim Bell, General Manager, Diamond Taxicab Assn.

-(May 4, 1998) from Mr. Keith Bryan, Police Constable #232, 55 Division

-(May 5, 1998) from Mr. Frank Loritz

-(May 1, 1998) from Ms. Dorothy Hunt, Manager, Kew Gardens Tennis Club

 The following persons appeared before the Toronto Community Council in connection with the foregoing matter:

 -Mr. Tom Dawson, Toronto, Ontario

-Mr. Sam Grossman, Toronto, Ontario

-Mr. Dimitri Panayiota, Owner of Whitlock=s Restaurant

-Ms. Marian Loach, Toronto, Ontario

-Ms. Voula Moran, Toronto, Ontario

-Ms. Athena Chadjiioamou, Toronto, Ontario

-Ms. L. Kotzer, Toronto, Ontario

-Mr. Jim Barlow, Toronto, Ontario

-Ms. Lorraine Barlow, Toronto, Ontario

-Mr. Claes Eriksson, Chef, Whitlock=s Restaurant

-Mr. Ernest H. Toomath, Toronto, Ontario

 (A copy of Appendices A to F, referred to in the foregoing report was forwarded to all Members of the Toronto Community Council with the agenda for its meeting of May 6 and 7, 1998, and a copy thereof is on file in the office of the City Clerk).