Staff Report
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STAFF REPORT September 14, 2004 To: Economic Development and Parks Committee From: Joe Halstead, Commissioner Economic Development, Culture and Tourism Subject: 3885 Yonge Street (former Jolly Miller) – Business Name Don Valley West - Ward 25 Purpose: To obtain Council direction regarding a name for the restaurant business at 3885 Yonge Street, the former Jolly Miller, being carried on under lease from the City of Toronto. Financial Implications and Impact Statement: There are no financial implications resulting from the adoption of this report. Recommendations: It is recommended that: (1) the Commissioner of Economic Development, Culture and Tourism authorize the business name “The Miller Tavern” for the restaurant business being conducted at 3885 Yonge Street under a lease from the City; and (2) the appropriate City Officials be authorized and directed to take the necessary action to give effect thereto. Background: The property at 3885 Yonge Street is a designated heritage property under Part IV of the Ontario Heritage Act (By-law No. 811-1998). John and William Hogg built this establishment in1857. Together with a general store, which stood adjacent to the hotel until it was destroyed by fire in 1978, this corner of Yonge Street has been a focal point of the mill community that - 2 - developed at the foot of Yonge Street in the area still known today as Hogg’s Hollow. In 1997 the former City of North York purchased the, at that time, derelict property. The amalgamated City of Toronto initiated, in September 2001, a Request for Proposals for reuse of the property. As a result of the RFP, on May 21, 2002 City Council approved a lease agreement with the Pegasus Group to operate high-end restaurant facilities. The Pegasus Group is a firm with significant experience in the hospitality business. It owns and operates 22 entertainment properties, including such historically significant locations as the Wheat Sheaf Tavern (1849), the Winchester Hotel (1866) and the Brunswick House (1908). The lease agreement contains provisions regarding the heritage restoration of the building, at no cost to the City. It also requires that office space be made available for the North York Historical Society. No rent will be paid by the Historical Society. The renovations and restoration were completed and the restaurant opened for business in March, 2004. One provision of the lease requires the operator to seek approval, “which may not be unreasonably withheld”, for any proposed business name from the Commissioner of Economic Development, Culture and Tourism (Section 8 (3)). On December 15, 2003 the tenant wrote to the Commissioner requesting permission to use the name “The Miller Tavern”. The tenant preferred that name because it felt the name maintained a connection with the previous business name (The Jolly Miller) but satisfied their need to emphasize the different, more upscale type of operation they were planning. The Commissioner deferred approval of the name pending consultation with local councillors, residents groups and interested parties. Informal discussions have revealed that some are of the opinion that the name should remain “The Jolly Miller Tavern” to reflect the most recent historical name. Some were concerned that the word “Tavern” denotes the type of establishment that could bring a negative impact to the community, with excessive noise, rowdyism, etc. Others were satisfied with the proposed name. Comments: Like other historical inns and taverns, the hotel has gone through a succession of proprietors and periods of changing fortunes. It is a rare example of a hotel/tavern that has remained in more or less continuous use as a tavern/hotel for the entire 147 years it has existed. James Hogg built the original, but named it Anderson’s Tavern. This tavern was destroyed by fire in 1856, and a replacement was constructed on the same site, circa 1857. The new tavern opened as the York Mills Hotel, however it later became known as Birrell’s Hotel (in 1889). It received another name change in 1930, when it became known as the Jolly Miller Tavern. - 3 - “Tavern” was an apt name change for the property at this time, as the business operation shifted to attract a regular flow of upscale locals rather than transient visitors. Used in this sense, “tavern” provided faithful historical context to the property as early taverns were far more important in their role as community centres than they were as resting-places. Two American examples of the current use of the word tavern illustrate its connection to upscale operations. Tavern-on- the-Green in Central Park, New York City is a very expensive restaurant operation. Fraunces Tavern, also in New York, is an historical establishment catering to a high-end clientele in the financial district. The lease governing the operations of the tenants has been carefully worded to provide for the protection and enhancement of the heritage building and the community while providing commercial opportunities to provide for the financial integrity of the enterprise. Although the zoning by-law permits a range of uses, Section 8.1 (1) of the lease restricts the tenant’s eating and drinking uses of the property to a high-end steakhouse restaurant, restaurant café or a high-end cocktail lounge with one 200 square foot dance floor. No other eating and drinking uses are permitted without the consent of the City “which may be unreasonably withheld”. In order to leave no doubt, the lease also specifically prohibits the use of the property for a dance club, after-hours club or nightclub. All of these terms are restrictively defined in the lease. Conclusions: The tenants have invested significant resources in transforming a derelict, endangered heritage building into a high-end steakhouse restaurant. The heritage restoration of the building has been performed to the complete satisfaction of the City of Toronto The use of the word tavern in the tenant’s preferred name has historical underpinnings from both the previous names of the heritage building and the traditional and contemporary meaning of tavern as a meeting place. The tenants are of the opinion that deleting the word “Jolly” from the previous business’ name distinguishes it sufficiently from the negative reputation that the Jolly Miller Tavern had in its later years. The terms of the lease absolutely preclude the operation of any establishment on the premises that would provide an undue negative influence to the community or reflect negatively on the City as landlord, without the prior approval of the City. For these reasons staff are of the opinion that there is no reasonable basis upon which to withhold approval for “The Miller Tavern” name. Contact: - 4 - Rita Davies Executive Director of Culture Tel: 416-397-5323 Fax: 416-392-5600 E-mail: [email protected] Joe Halstead Commissioner Economic Development, Culture and Tourism.