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Last call at Docks nightclub, for now
Popular port lands complex loses licence over noise complaints
Jul. 25, 2006. 05:23 AM
DEBRA BLACK
STAFF REPORTER
In a precedent-setting move, the Alcohol and Gaming Commission of Ontario has revoked the liquor licence of the Docks, a waterfront nightclub and entertainment complex, over noise complaints.
This is the first time the commission has revoked a liquor licence based solely on the issue of noise — a decision that could serve as a warning to other nightclub owners.
The Docks, which can hold 10,000 partygoers, has long been the subject of complaints and frustration from Toronto Island residents, who have waged a 10-year battle to get the facility to turn down the music.
Now it appears the islanders have won — although their victory may be short-lived because the Docks plans to appeal the decision.
"We're not breaking out the champagne yet," said island resident Vivian Pitcher.
Yesterday's decision marks another chapter in the islanders' often tempestuous relationship with the mainland. Over the decades, they have survived more than one attempt to wipe out their way of life for parkland. The victory over the Docks serves as an indication of the community's continuing ability to organize and make itself heard.
The decision may also have longer-term implications on whose interests — those of the residents or the business community — will dominate the future development of the waterfront.
Docks' owner Jerry Sprackman would not comment on the ruling. But in a news release, the club said, "This is more than a local issue."
"The Docks believes that actions of the city and the AGCO serve a very small interest group.... It is this narrow view that now hinders development on the waterfront."
Early yesterday evening, Docks staff continued to serve alcohol in violation of the ruling, but by last night they had stopped.
The news release also said the Docks plans to appeal the decision to revoke its licence and will ask the court for a stay of that decision — so it can continue to serve booze — until the appeal is heard.
"We encourage those who support and enjoy the Docks to make their views known to Mayor (David) Miller and their councillors," the club said.
For years, island residents have complained about emotional stress and sleep deprivation due to noise coming from the nightclub — which is located within 750 metres of 250 households on Ward and Algonquin islands.
Now, Pitcher and others are being toasted as heroes by their neighbours, complimented for their dedication and hard work.
"Nobody wanted it to come to this," Lynn Robinson, of the Toronto Island Community Association, said in a news release. "But the Docks management kept ignoring the law. We hope this sends a message to other club owners that they have to be good neighbours."
"I feel vindicated that we have been heard and I feel that the board listened to us," said Pitcher, who was granted status at the commission hearing. Submissions and evidence were presented from 46 witnesses, many of them island residents, over a 26-day period in 2005.
"After all these years, it was nice to have that opportunity to be able to speak and have someone hear us and then make such a decision on noise and the public interest."
But the islanders' fight is far from over. With the nightclub's decision to appeal the commission's ruling to Ontario's Divisional Court, Pitcher and her fellow islanders could be in for a long battle.
The long fight is, however, a concern for Councillor Paula Fletcher, who represents the ward where the Docks is located. She favours the decision to revoke the club's licence.
"They've been closed down before for overcrowding and other things and they've always managed to rise from the ashes," she said. "We'll see whether they rise from the ashes this time."
In its 45-page decision, the commission ruled it was satisfied that "there is no other reasonable alternative short of revocation" of the liquor licence to address the long-standing complaints of noise violations.
"There is nothing short of revocation that will ameliorate the public's concerns; the noise has been pervasive to their everyday existence," the decision said. "The volume and hours of music has not abated to any great extent over a 10-year period. This is unacceptable for a community — any community."
The Docks is a multi-million-dollar entertainment operation that holds a variety of events, including many large outdoor concerts. During the hearing, Rob Gilroy, a Docks spokesman, said that "if there is no liquor licence, then there will be no Docks — it can't survive."
He suggested that if the club were to close, that would mean the loss of $39 million in taxes to all three levels of government and more than 400 jobs would be cut.
But that argument seemed to hold little sway with the board, which noted the evidence given by residents conveyed "anger and anguish." The impact of the noise has been devastating to many, the board ruled, citing one islander who said that "to Docks patrons, who come and go, noise is a single event, but island residents attend virtually each and every concert and event at the Docks, for the entire duration."
The decision also referred to a significant amount of evidence about the measures taken at the Docks to stop the noise and new systems that were set up to monitor the problem.
The City of Toronto was also pleased with the decision. "Certainly, it's a good decision," said Dawne Jubb, a lawyer with the city. It recognizes that holding a liquor licence comes with certain responsibilities, "to be both a good corporate citizen and a good neighbour," she said.
"The city doesn't want businesses closed down, but corporations should be operating responsibly," Jubb said.
"Our goal was to have them continue their operations and comply with the law. We just couldn't come up with a way that could happen."
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