Boulevard Cafe Application - 581-583 Markham Street

(Trinity-Niagara)

The Toronto Community Council recommends that:

(1)a licence be granted for the operation of a boulevard cafe fronting 581-583 Markham Street during the 1999 cafe season, on the condition that the Commissioner of Works and Emergency Services monitor the operation of the cafe and report back to the Toronto Community Council as a deputation item, at the end of the 1999 cafe season; and

(2)City Council defer consideration of the application with respect to the Lennox Street flankage until the cafe on the Markham Street frontage has operated for a season.

The Toronto Community Council submits the following report (January 28, 1999) from the Manager of Right of Way Management, Transportation Services, Works and Emergency Services:

Purpose:

To report on the operation of the boulevard cafe fronting 581-583 Markham Street and on any problems which might arise with respect to the boulevard cafe operation.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendations:

The Toronto Community Council may recommend:

(1)That should a licence be obtained for the operation of a boulevard cafe fronting 581-583 Markham Street during the 1999 cafe season, I be requested to monitor the operation of the cafe and report back to the Toronto Community Council as a deputation item, at the end of the 1999 cafe season; and

(2)That City Council defer consideration of the application with respect to the Lennox Street flankage until the cafe on the Markham Street frontage has operated for a season.

Background:

City Council, at its meeting of July 29, 30 and 31, 1998, adopted, without amendment, Clause 81 contained in Report No. 10 of the Toronto Community Council entitled "Appeal of Denial of an Application for a Boulevard Cafe - 581-583 Markham Street and Lennox Street Flankage", and by so doing:

(1)Approved the application for a boulevard cafe fronting 581-583 Markham Street, extending on the southerly/east-west property line only, notwithstanding the negative response to the public notice, and that such approval be for the 1998 cafe season and 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 at 10:00 p.m;

(2)Deferred consideration of the application with respect to the Lennox Street flankage until February 1999; and

(3)Requested the Commissioner of Works and Emergency Services to report to the Toronto Community Council, in February 1999, on any problems which might arise with respect to the boulevard cafe on the Markham Street flankage.

Comments:

Licences for boulevard cafes are governed by the criteria set out in 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 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.

In consideration of the above, Mr. Paul Kellogg was advised in our letter of September 11, 1998 that his application for permission to operate a boulevard cafe fronting 581-583 Markham Street was approved subject to providing a third party liability insurance policy indemnifying the Corporation, and that if the documentation was not received within 60 days his file would be closed. To date, the required insurance has not been received. According to Mr.Solomon, solicitor for Mr. Kellogg, the insurance will be provided by February 11, 1999.

Conclusions:

Given that a boulevard cafe license has not been issued to-date, it would be appropriate for us to monitor the operation of the cafe during the 1999 cafe season and report back to the Toronto Community Council on the operation of the cafe for consideration as a deputation item. All conditions of previous approval will continue to be applied.

In consideration of the above, it may be appropriate for City Council to defer any future consideration of Mr. Kellogg's request to use the boulevard for cafe purposes on the Lennox Street flankage until the end of the 1999 boulevard cafe season.

Although there are clear criteria surrounding the physical design, setback, location and hours of operation of boulevard cafes, these technical criteria alone cannot address all public concerns which may also relate to the quality of the operation of a boulevard cafe or the behaviour of current or future clientele. Cafes do introduce a new level of activity in an area. Generally, if complaints are received regarding boulevard cafes, the concerns relate to noise, foot and car traffic and garbage.

Contact Name and Telephone Number:

Ken McGuire, 392-7564