Item - 2014.CC50.7
Tracking Status
- City Council adopted this item on April 1, 2014 with amendments.
- See also Item LS30.5
CC50.7 - Conditions Attached to Liquor Licences
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- All
City Council Decision
City Council on April 1, 2 and 3, 2014, adopted the following:
1. City Council advise the Registrar of the Alcohol and Gaming Commission of Ontario that the City is extremely disturbed and disappointed by the decision not to impose or enforce conditions to be attached to liquor licences that do not directly relate to the administration and enforcement of the Liquor Licence Act and its regulations.
2. City Council request the Minister of Consumer Services to direct the Chair and the Board of Directors of the Alcohol and Gaming Commission of Ontario to require the Registrar of the Alcohol and Gaming Commission of Ontario to:
a. enforce all existing Alcohol and Gaming Commission of Ontario liquor licence conditions;
b. accept reasonable and relevant conditions agreed to between the residents, the City and the applicant for a liquor licence; and
c. instruct the Alcohol and Gaming Commission of Ontario to work with the Executive Director, Municipal Licensing and Standards and the City Solicitor on a plan or program to address issues relating to the licensing of premises that request liquor licences and the enforcement of liquor licence conditions against existing licensed premises, and to draft all necessary changes to the Liquor Licence Act and its regulations so as to give effect to Council's decision.
3. Members of Council may want to inform residents that the Registrar of the Alcohol and Gaming Commission of Ontario will no longer approve conditions to be attached to liquor licences that do not directly relate to the administration and enforcement of the Liquor Licence Act and its regulations.
4. City Council request the City Manager to report to City Council on a public education campaign to explain the changes in the enforcement strategy of the Alcohol and Gaming Commission of Ontario.
5. City Council direct the City Clerk to declare that each liquor licence application is not in the public interest unless the applicant has filed with the City Clerk:
a. an enforceable undertaking that the applicant or all managers of the premises will take the Centre for Addiction and Mental Health Safer Bars program within 12 months of the issuance of the liquor licence; and
b. a letter from the local MPP supporting the application for the liquor licence at the premises.
6. City Council direct the City Manager to ensure that the City Clerk and the City Solicitor have adequate resources to carry out any duties resulting from Part 5 above.
7. City Council direct the Executive Director, Municipal Licensing and Standards to review the Alcohol and Gaming Commission of Ontario's new approach to liquor licence conditions and report back to the June 26, 2014 meeting of the Licensing and Standards Committee with opportunities and options to deal with problems and impacts arising from the operation of licensed premises.
8. City Council direct the Executive Director, Municipal Licensing and Standards to continue to advance joint enforcement partnerships and information sharing to monitor locations that are subject to complaints and enforce existing City regulations, where necessary.
9. City Council confirm the confidential instructions issued to staff in the Closed Session.
City Council Decision Advice and Other Information
City Council recessed its public session and met as Committee of the Whole in closed session on April 2, 2014, and considered confidential information on this Item as it relates to the receiving of advice that is subject to solicitor-client privilege and litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board.
City Council issued confidential instructions to staff in closed session as permitted by the City of Toronto Act which remain confidential in their entirety as they relate to the receiving of advice that is subject to solicitor-client privilege and pertain to litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board.
Background Information (City Council)
https://www.toronto.ca/legdocs/mmis/2014/cc/bgrd/backgroundfile-67982.pdf
Motions (City Council)
April 2, 2014 at 7:56 p.m. - Speaker Nunziata advised that City Council had completed its closed session consideration of Item CC50.7 - Conditions Attached to Liquor Licences. City Council adopted confidential instructions to staff while in closed session.
That City Council amend Recommendation 2 by deleting the word "Council" and inserting the words "the June 26, 2014 meeting of the Licensing and Standards Committee" so that it now reads as follows:
2. Council direct that Municipal Licensing and Standards ("MLS") review the AGCO's new approach to liquor licence conditions and report back to the June 26, 2014 meeting of the Licensing and Standards Committee with opportunities and options to deal with problems and impacts arising from the operation of licensed premises.
Vote (Amend Item) Apr-03-2014 7:34 PM
| Result: Carried | Majority Required - CC50.7 - Layton - motion 1a |
|---|---|
| Total members that voted Yes: 26 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Vincent Crisanti, Janet Davis, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Mary Fragedakis, Mike Layton, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Denzil Minnan-Wong, Cesar Palacio, John Parker (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam |
| Total members that voted No: 1 | Members that voted No are Rob Ford |
| Total members that were Absent: 18 | Members that were absent are Ana Bailão, Josh Colle, Gary Crawford, Glenn De Baeremaeker, Paula Fletcher, Doug Ford, Mark Grimes, Norman Kelly, Chin Lee, Peter Leon, Giorgio Mammoliti, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Ron Moeser, Frances Nunziata, David Shiner, Karen Stintz |
That City Council request the Minister of Consumer Services to direct the Chair and the Board of Directors of the Alcohol and Gaming Commission of Ontario ("AGCO") to require the Registrar of the AGCO to:
a. enforce all existing AGCO liquor licence conditions;
b. accept reasonable and relevant conditions agreed to between the residents, the City and the applicant for a liquor licence; and
c. instruct the AGCO to work with the Executive Director, Municipal Licensing and Standards and the City Solicitor on a plan or program to address issues relating to the licensing of premises that request liquor licences and the enforcement of liquor licence conditions against existing licensed premises, and to draft all necessary changes to the Liquor Licence Act and its regulations so as to give effect to this motion.
Vote (Amend Item (Additional)) Apr-03-2014 7:35 PM
| Result: Carried | Majority Required - CC50.7 - Layton - motion 1b |
|---|---|
| Total members that voted Yes: 27 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Vincent Crisanti, Janet Davis, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Rob Ford, Mary Fragedakis, Mike Layton, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Denzil Minnan-Wong, Cesar Palacio, John Parker (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam |
| Total members that voted No: 0 | Members that voted No are |
| Total members that were Absent: 18 | Members that were absent are Ana Bailão, Josh Colle, Gary Crawford, Glenn De Baeremaeker, Paula Fletcher, Doug Ford, Mark Grimes, Norman Kelly, Chin Lee, Peter Leon, Giorgio Mammoliti, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Ron Moeser, Frances Nunziata, David Shiner, Karen Stintz |
That:
1. City Council direct the City Clerk to declare that each liquor licence application is not in the public interest unless:
a. the applicant has filed with the City Clerk an enforceable undertaking that the applicant or all managers of the premises will take the Centre for Addiction and Mental Health Safer Bars program within 12 months of the issuance of the liquor licence; and
b. a letter from the local MPP supporting the application for the liquor licence at the premises.
2. City Council direct the City Manager to ensure that the City Clerk and the City Solicitor have adequate resources to carry out any duties resulting from these recommendations.
Vote (Amend Item (Additional)) Apr-03-2014 7:36 PM
| Result: Carried | Majority Required - CC50.7 - Perks - motion 2 |
|---|---|
| Total members that voted Yes: 25 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Vincent Crisanti, Janet Davis, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Mary Fragedakis, Mike Layton, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Denzil Minnan-Wong, Cesar Palacio, John Parker (Chair), James Pasternak, Gord Perks, Jaye Robinson, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam |
| Total members that voted No: 2 | Members that voted No are Rob Ford, Anthony Perruzza |
| Total members that were Absent: 18 | Members that were absent are Ana Bailão, Josh Colle, Gary Crawford, Glenn De Baeremaeker, Paula Fletcher, Doug Ford, Mark Grimes, Norman Kelly, Chin Lee, Peter Leon, Giorgio Mammoliti, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Ron Moeser, Frances Nunziata, David Shiner, Karen Stintz |
That City Council request the City Manager to report to City Council on a public education campaign to explain the changes in the enforcement strategy of the Alcohol and Gaming Commission of Ontario.
Vote (Amend Item (Additional)) Apr-03-2014 7:37 PM
| Result: Carried | Majority Required - CC50.7 - Vaughan - motion 3a |
|---|---|
| Total members that voted Yes: 27 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Mary Fragedakis, Mike Layton, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Denzil Minnan-Wong, Cesar Palacio, John Parker (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam |
| Total members that voted No: 1 | Members that voted No are Rob Ford |
| Total members that were Absent: 17 | Members that were absent are Ana Bailão, Josh Colle, Gary Crawford, Paula Fletcher, Doug Ford, Mark Grimes, Norman Kelly, Chin Lee, Peter Leon, Giorgio Mammoliti, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Ron Moeser, Frances Nunziata, David Shiner, Karen Stintz |
That City Council advise the Registrar of the Alcohol and Gaming Commission of Ontario that the City is extremely disturbed and disappointed by the decision not to impose or enforce conditions to be attached to liquor licences that do not directly relate to the administration and enforcement of the Liquor Licence Act and its regulations.
Vote (Amend Item (Additional)) Apr-03-2014 7:38 PM
| Result: Carried | Majority Required - CC50.7 - Vaughan - motion 3b |
|---|---|
| Total members that voted Yes: 26 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Mary Fragedakis, Mike Layton, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Denzil Minnan-Wong, Cesar Palacio, John Parker (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam |
| Total members that voted No: 2 | Members that voted No are Vincent Crisanti, Rob Ford |
| Total members that were Absent: 17 | Members that were absent are Ana Bailão, Josh Colle, Gary Crawford, Paula Fletcher, Doug Ford, Mark Grimes, Norman Kelly, Chin Lee, Peter Leon, Giorgio Mammoliti, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Ron Moeser, Frances Nunziata, David Shiner, Karen Stintz |
That City Council confirm confidential instructions issued to staff during the Closed Session.
Vote (Amend Item) Apr-03-2014 7:39 PM
| Result: Carried | Majority Required - CC50.7 - Confirm the confidential instructions adopted in closed session |
|---|---|
| Total members that voted Yes: 25 | Members that voted Yes are Maria Augimeri, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Rob Ford, Mary Fragedakis, Mike Layton, Gloria Lindsay Luby, Pam McConnell, Denzil Minnan-Wong, Cesar Palacio, John Parker (Chair), James Pasternak, Gord Perks, Jaye Robinson, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam |
| Total members that voted No: 3 | Members that voted No are Paul Ainslie, Josh Matlow, Anthony Perruzza |
| Total members that were Absent: 17 | Members that were absent are Ana Bailão, Josh Colle, Gary Crawford, Paula Fletcher, Doug Ford, Mark Grimes, Norman Kelly, Chin Lee, Peter Leon, Giorgio Mammoliti, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Ron Moeser, Frances Nunziata, David Shiner, Karen Stintz |
Vote (Adopt Item as Amended) Apr-03-2014 7:40 PM
| Result: Carried | Majority Required - CC50.7 - Adopt the item as amended |
|---|---|
| Total members that voted Yes: 27 | Members that voted Yes are Maria Augimeri, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Rob Ford, Mary Fragedakis, Mike Layton, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Denzil Minnan-Wong, Cesar Palacio, John Parker (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam |
| Total members that voted No: 1 | Members that voted No are Paul Ainslie |
| Total members that were Absent: 17 | Members that were absent are Ana Bailão, Josh Colle, Gary Crawford, Paula Fletcher, Doug Ford, Mark Grimes, Norman Kelly, Chin Lee, Peter Leon, Giorgio Mammoliti, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Ron Moeser, Frances Nunziata, David Shiner, Karen Stintz |