HomeMy WebLinkAboutCRPS-08-010 - Café Bar Azzuro - 347 Lancaster St. W. - Licensing ConditionsREPORT
Report To: Councillor B. Vrbanovic, Chair and Members of the Finance
and Corporate Services Committee
Date of Meeting: January 28, 2008
Submitted By: R. Gosse, Director of Legislated Services/City Clerk
Prepared By: Patricia Harris, Manager of Licensing
Wards}Involved: 1
Date of Report: January 15, 2008
Report No.: CRPS-08-010
Subject: CAFE BAR AZZURO - 347 LANCASTER STREET WEST -
LICENSING CONDITIONS
RECOMMENDATION:
That a 2008 Place of Refreshment Licence - Class A be issued to Cafe Bar Azzuro 347
Lancaster Street West with the following conditions:
All patios must be closed and vacated no later than 11 p.m.
A heavy curtain or other treatment be installed as a sound barrier in the front window to reduce
the sound being emitted outside, of the live bands that set up directly in front of the window.
BACKGROUND:
Section 1 of Schedule `A' -Business Licence Procedure of Chapter 584 (Refreshment Places}
requires that upon receipt of a complete application the Manager of Licensing shall either issue
or renew a licence or shall refer the matter to Council or a Committee of Council where
appropriate.
It further states in Section 7 ~c) that the Manager of Licensing may refer an application or a
licence to Council or a Committee of Council where the past or present conduct of any person,
including the officers, directors, employees or agents of a corporation, affords reasonable cause
to believe that the person will not carryon or engage in the business in accordance with the law
or with honesty and integrity and in 7(d) without limiting the generality of Section 7 (c), any
person, including the officers, directors, employees or agents of a corporation, has contravened
this Chapter or any other by-law or federal or provincial statue or regulation while engaged in or
conducting the business.
REPORT:
In June of 2007 (Romana Vignjevic} of Cafe Bar Azzuro, 347 Lancaster St. W. took over
ownership of the establishment. She obtained a Place of Refreshment - Class A licence which
allows for the sale of liquor.
Between July and November of 2007 the City's Noise By-law Enforcement officers have been
dispatched to this establishment 23 times for noise complaints. The owners were warned
several times verbally and in writing and charges have also been laid. In August of 2007, the
Manager of Licensing and Supervisor of Enforcement met with the manager of the restaurant
advising him of the numerous noise complaints that the City had received. Several suggestions
to alleviate some of the noise were made, but the manager did not feel that there was a
problem. Since then, there were seven noise complaints in August, 8 complaints in September
and 3 complaints in October. Liquor licensing charges were laid for over service and permitting
drunkenness and charges have also been laid under the Region's Smoking By-law.
Both Licensing and By-law enforcement have received continuous complaints from the
residents in the area. The continuous late night noise has caused residents to lose sleep and
has been a constant frustration for them. Attached is correspondence received by the Manager
of Licensing from concerned residents in the area.
Section 9 of Schedule `A' -Business Licence Procedure of Chapter 584 (Refreshment Places}
states that when any matter has been referred or appealed to Council or a Committee of
Council, after due consideration of the application or licence and after Council or a Committee of
Council has heard such representations as the applicant or licensee and staff may care to
make, Council may direct that the licence be issued or renewed, or may refuse, suspend,
revoke or add conditions to a licence.
Staff is recommending conditions be added to the 2008 Place of Refreshment Licence in order
for the owners of the business to address the City's concerns and comply with the noise by-law.
If the conditions are not complied with, the matter may be brought before a Licensing Hearing
and Council could then choose to suspend or revoke the licence.
FINANCIAL IMPLICATIONS:
None
COMMUNICATIONS:
The owner of Cafe Bar Azzuro and the surrounding residents have been informed of this
meeting.
(MRS) PATRICIA HARRIS
MANAGER OF LICENSING