Controversial Cabbagetown liquor license denied

OCAP support doesn’t hold up in court

By Will Tremain –

It’s a double whammy for the Cabbagetown Restaurant and Bar.

Despite rallies by local supporters, free legal representation, and the backing of the Ontario Coalition Against Poverty, the Cabbagetown Restaurant and Bar failed to get back its liquor license in court last week.

In addition, at the hearing Apr. 20, the restaurant licensee was told to pay $2,000 court costs to the Registrar of the Alcohol and Gaming Commission of Ontario.

The Cabbagetown Restaurant originally lost its liquor license Mar. 27 in an AGCO board hearing. OCAP held a rally Apr. 14 at the restaurant to solicit support, giving away a free lunch.

“The notion of community seems to be upscale resident, as opposed to low-income community. To us that’s the issue. This neighbourhood is being gentrified. An establishment like this is unwelcome. The scrutiny it’s subjected to is totally different,” said OCAP organizer John Clarke.

OCAP printed signs to show support for the resto and distributed them in the area. But only four local businesses on Parliament St. had them up.

In last week’s bid to stay the revocation of the liquor license, lawyer Peter Rosenthal argued in divisional court on the resto’s behalf that the venue serves as a both a community meeting place and provider of inexpensive food for poor people in the area.

Rosenthal also argued that the loss of the license caused the daily restaurant profits over a two-week period to drop to as little as one-eighth the previous level, making it lose money.

“The profit’s on the booze. It’s critical for the business to survive,” said Rosenthal to justice Katherine Swinton.

Rosenthal also questioned affidavits from residents like Eric Murphy who oppose the resto’s license, saying they made emotional arguments.

“’When you stop the liquor, you stop the drugs,’ How can there be such a correlation,” said Rosenthal. “I’m suggesting to your honour that the residents who gave the affidavits have a certain view that leads them to perhaps exaggerate the problem,” Rosenthal added.

Rosenthal also said that manager Victor Jiang had made plans for additional security monitoring to prevent problems from occurring.

Murphy testified that he was volunteered by a group of neighbours to speak on their behalf.

“We see drug deals, we note appearances, we take pictures, and far too often we find them at the Cabbagetown Restaurant and Bar,” said Murphy.

His testimony included what he said was a photo of an alleged drug user cleaning a crack pipe in the alleyway behind the restaurant.

Swinton dismissed the motion brought by Rosenthal, noting that the restaurant property is up for sale and so it was not possible to conclude that loss of the license would cause the business owner irreparable harm. Swinton also ordered the restaurant to pay $2,000 court costs to the AGCO registrar.

Clarke said that OCAP would work with Jiang to help the restaurant pay the $2,000.