Telephone (905) 468-3266
Facsimile (905) 468-2959
1593 Four Mile Creek Road
P.O. Box 100
Virgil, Ontario
L0S 1T0
Submitted on:
November 03, 2021
Report:
CS-21-033
Report To:
Corporate Services Advisory Committee
Subject:
2022 Temporary Patio Program
1. RECOMMENDATION
It is respectfully recommended that:
1.1 Council support extending the Temporary Patio Program, until January 1, 2023;
1.2 Council further support the extension of existing liquor licenses to permitted temporary patios until January 1, 2023, provided businesses comply with all requirements of the Town's Temporary Permit Program and the AGCO, through Ontario Regulation 746/21 (Licencing) under the
Liquor Licence and Control Act, 2019
;
1.3 Existing approved Temporary Patio Permits issued in 2021 be extended until January 1, 2023, upon submission of an updated Certificate of Insurance;
1.4 Should the Province affect any change to their Patio Policy for Eligible Liquor Sales Licensees, Staff be directed to undertake a review of the Town's Temporary Patio Program; program; and
1.5 Staff be directed to provide a recommendation report regarding the potential continuation of the Program beyond January 1, 2023, by December 2022.
2. PURPOSE / PROPOSAL
The purpose of this report is to seek further Council direction concerning extending the Town's Temporary Patio Program by providing flexibility to businesses impacted by the COVID-19 pandemic.
3. BACKGROUND
In June 2020, the Alcohol and Gaming Commission of Ontario's (AGCO) introduced legislation to allow restaurants and bars to temporarily extend outdoor patio spaces to safely accommodate patrons until January 1, 2021. This action was taken to support hospitality sector workers and businesses impacted by the COVID-19 outbreak.
The Town quickly followed suit by establishing the Temporary Patio Program in June of 2020 to support local restaurants, bars, and other food and drink establishments in their efforts to provide safe outdoor dining experiences during the pandemic.
As the Provincial Regulations were amended to extend the use of outdoor patio spaces, Staff provided a further report in April 2021 to refine and extend the Program to January 1, 2022.
On November 9, 2021, the AGCO announced several Regulations to modernize the new liquor framework under the
Liquor Licence and Control Act, 2019
(LLCA). The Information Bulletin is attached as Appendix I. Through this bulletin, the AGCO informed that the new framework will come into force on November 29, 2021. The AGCO further announced that current permits are not required to take any action before their scheduled renewal date. Current licences, permits, authorizations, and endorsements will transition to the new framework when the Regulations come into effect.
The AGCO has also informed that they will publish a guide to assist licence, permit and authorization holders in understanding the new liquor framework later in November. Additional information may be found
here
.
Specific to the Provincial Patio Policy for Eligible Liquor Sales Licensees, the AGCO informs that O. Reg. 746/21 under the LLCA
Provides the Registrar the authority to approve and determine the duration of temporary physical extensions of premises at liquor licensed establishments. Once the new liquor framework under the LLCA is in force, the Registrar intends to extend the existing policy, to allow for the temporary physical extension of premises at liquor licensed establishments, until January 1, 2023.
4. DISCUSSION / ANALYSIS
The Temporary Patio Program has been well received by the business community, residents and visitors. It has successfully afforded businesses the opportunity to increase their capacity and stimulate the local economy while maintaining public safety.
In anticipation of the Registrar approving the duration of temporary physical extensions of premises at liquor licensed establishments until January 1, 2023, Staff recommend that Council extend the Town's Temporary Patio Program until January 1, 2023, to continue assisting with the business recovery model.
Should the Province affect any change to their Patio Policy for Eligible Liquor Sales Licensees, Staff will provide Council with a review of both the legislation and the Town's Program.
Existing Permits
Regarding the existing Temporary Patio Permit holders, Staff recommend that Permits be extended upon submission of updated Certificate of Insurance without the need to submit a renewal application. Several benefits would be realized by allowing the permitted operators to continue under their current permit number. It would provide customer service excellence by making the process easy and reducing the applicant's time in waiting for a permit. Also, Staff time would be reduced in processing the applications.
If existing permit holders would like to alter or expand their existing patio spaces, they will be expected to submit a new application
New Applications or Alterations/Expansions to Existing Patio Spaces:
For any establishments interested in obtaining a new Temporary Patio Permit (either as a new application or an alteration or expansion to an existing temporary patio), the following requirements would apply:
·
Submit an online form,
·
Site plan and an elevation plans, to scale, the plan must indicate the construction materials to be used, structural details, minimum distances to hydrants, boulevard trees, parking meters, intersections, and any other pertinent features,
·
A summary of the proposed patio, its use, whether occupancy of the premises will be increased, a description of the furniture, how any safety concerns are being addressed, and expected benefits for the owner and the general public,
·
A signed letter of endorsement from the owner, if applicable in the case of leased properties,
·
A Certificate of Insurance, for the duration of the temporary patio expansion, in the amount of $5 million listing the Town as additional insured for patios proposing to use municipal property,
·
If there is any work taking place in the municipal right of way, the applicant must provide Staff with a traffic safety plan which clearly outlines the area of work and measures taken to promote traffic safety,
·
Requirement to meet the design requirements as detailed in Appendix II.
Through the application process, Staff is committed to making every effort to enhance customer service, streamline processes, and support economic recovery while minimizing impact to the heritage district and ensuring all health and safety requirements are met. As in previous years, Town Staff will work with Patio Operators to achieve these objectives.
Additionally, this year Town Staff will seek opportunities to enhance the aesthetics of the area surrounding the temporary patios. For example, Staff is looking at 'placemaking options' such as the potential to install more creative safety barriers that better fit the aesthetic of the heritage district. Staff has applied for a grant under the 'My Main Street Community Activator' program.
5. Strategic Plan
Protect Distinctive Community Assets
Recognize the importance of tourism in Niagara-on-the-Lake
6. OPTIONS
6.1
Option 1:
Council approve the extension of the Temporary Patio Program to January 1, 2023, as detailed in this report.
(As Recommended)
6.2
Option 2:
Council not approve the extension of the program.
(Not Recommended)
6.3
Option 3:
Council request changes to the proposed program.
(Not recommended)
7. FINANCIAL IMPLICATIONS
There are no direct financial implications to this report.
8. COMMUNICATIONS
Communication will be provided to businesses through the Town's website and social media accounts. Staff will reach out to the existing permit holders to request updated Certificates of Insurance.
9. CONCLUSION
The Town is committed to economic recovery and assisting local businesses with their recovery efforts. Continuing to provide a solution to permit the temporary expansion of outdoor restaurant patios on public sidewalks, parking spaces, and private property assist in this objective. Therefore, it is recommended that Council support the extension of the Temporary Patio Program.
This will continue to provide flexibility for the business community to attract customers and provide additional capacity that allows space for physical distancing in accordance with Provincial COVID-19 requirements.
Respectfully submitted,
Colleen Hutt
Acting Town Clerk
Kyle Freeborn, CPA, CMA Marnie Cluckie, MS.LOD, B.ARCH, B.ES
Director, Corporate Chief Administrative Officer
Services
ATTACHMENTS
Appendix I - AGCO Bulletin Nov 9.21.pdf
APPENDIX II - Patio Design Guidelines.pdf
First Capital of Upper Canada - 1792