Operation of Boulevard Cafe during 1997 Cafe Season and

Appeal for an Extension of Hours - 1071 Shaw Street

(Davenport)

 The Toronto Community Council recommends that

 (1)the licence for the existing boulevard cafe area fronting 1071 Shaw Street be renewed annually by staff, effective April 1, 1998, under the present terms and conditions;

 (2)City Council approve the application for an extension to the boulevard cafe fronting 1071 Shaw Street, notwithstanding the negative result of the public poll, and that such approval be subject to the applicant complying with the criteria set out in ' 313-36 of Municipal Code Chapter 313, Streets and Sidewalks; and

 (3)the hours of operation on the boulevard cafe be extended to 11:00 p.m., subject to the patio being closed and cleared by that time.

The Toronto Community Council submits the following report (April 22, 1998) from the Director, By-law Administration and Enforcement, City Works Services:

 Purpose:

 To report on the operation of a boulevard cafe at 1071 Shaw Street during the 1997 cafe season and the business owner=s appeal of staff=s refusal to permit an extension to the cafe, because of a negative poll. As this is a matter of public interest, it is scheduled as a deputation item.

 Funding Sources, Financial Implications and Impact Statement:

 Not applicable.

 Recommendations:

 (1)That the licence for the existing boulevard cafe area fronting 1071 Shaw Street be renewed annually by staff, effective April 1, 1998, under the present terms and conditions.

 (2)That the Toronto Community Council may recommend that:

 (a)City Council approve the application for an extension to the boulevard cafe fronting 1071 Shaw Street, notwithstanding the negative result of the public poll, and that such approval be subject to the applicant complying with the criteria set out in ' 313-36 of Municipal Code Chapter 313, Streets and Sidewalks;

 OR

 (b)City Council deny the application for an extension to the boulevard cafe fronting 1071 Shaw Street.

 Background:

 The former City of Toronto Council, at its meeting of May 12, 1997, approved the business operator=s appeal for a boulevard cafe licence fronting 1071 Shaw Street, notwithstanding the negative result of a public poll, under conditions that:

 (1)the licence be granted for the 1997 cafe season only;

 (2)the cafe be closed nighty at 10:00 p.m.;

 (3)no music be played; and

 (4)the Commissioner of City Works Services and the Chief of Police Services to monitor the site and advise the Ward Councillor and the Committee of any problems.

 Comments:

 A licence to operate the boulevard cafe fronting 1071 Shaw Street was issued on May 29, 1997, for an approximate area of 7.98 sq. m. On Appendix >A=, we have denoted the licensed area (Area 1). The cafe operated during the 1997 cafe season and we did not receive any complaints from members of the public or Toronto Police Service pertaining to noise or other disturbances. One incident of garbage being put out improperly by the operator was investigated. The property owner was advised of the correct times and location for garbage collection and the problem was resolved.

 Subsequently, on February 24, 1998, Ms. Jennifer Andreoli, Universal Grill Inc., submitted a further application for an extension of the licensed cafe area in front of 1071 Shaw Street (Area 2 on Appendix >A=).

 As the proposed extension represents a significant modification to the original licensed area, a public poll of owners and tenants within 120 m of the property was conducted.

 The public poll dated March 12 to April 13, 1998, was conducted on Shaw Street on the west side between Nos. 1052 and 1074 and on the east side between Nos. 1049 and 1071 in order to determine neighbourhood support for the proposed cafe extension. The results of the poll were as follows:

 Polling Summary

 Ms. Andreoli was advised in writing that given the negative poll, a licence could not be issued for the cafe extension, and has subsequently requested an appeal of this decision.

 Conclusions:

 Licences for boulevard cafes have to be renewed annually as of April 1. Given that the cafe has operated during the 1997 cafe season without complaints, the licence for the current area at this location should be renewed on an annual basis as originally approved for an area of 7.98 sq. m.

 Staff cannot issue Ms. Andreoli a licence for an extension to the boulevard cafe fronting 1071 Shaw Street because the poll result was negative.

 On hearing the deputations, the Toronto Community Council must decide whether or not to recommend that City Council grant the appeal for the extension.

 Contact Name and Telephone Number:

 Ken McGuire, 392-7564

 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 a copy thereof is on file in the office of the City Clerk:

 -(April 21, 1998) from Ms. Karen Ryder

-(Undated) petition signed by 169 persons in support

-(April 30, 1998) from Mr. John Battista

-(April 21, 1998) from Ms. Karen Ryder

-(May 6, 1998) from Staff of the Christie Ossington Neighbourhood Centre

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

 -Ms. Jennifer Andreoli, Chef/Owner, Universal Grill

-Mr. Dave Wilson, Professor, University of Toronto

-Ms. Vanda Henriques, Christie Ossington Neighbourhood Centre

-Ms. Emily Shaw, Owner, Universal Grill