Although set to be revoked on June 9, 2020 unless extended, the closure or opening of these businesses and facilities is ultimately directed by Provincial officials.

Liquor licensing in Ontario is also within the Province’s jurisdiction and is administered by the Alcohol and Gaming Commission of Ontario (“the AGCO”), not local government. At the municipal level, authorized staff provide forms and letters to the AGCO as part of the liquor licence application process, confirming the location seeking new or expanded licensing adheres to other applicable provincial legislation like the Ontario Building Code and Ontario Fire Code.

Some municipal by-laws and policies do prescribe controls over the consumption of alcohol on publicly-owned lands. Parks By-law 131-2019 prohibits the consumption of alcohol in all public places without a Special Occasion Permit or licence as provided for within Ontario’s Liquor Licence Act. The City’s Municipal Alcohol Policy (“the MAP”) (see Appendix 1) was developed with consultation from community partners and the AGCO to allow for the responsible use of alcohol while protecting property, reducing incidents of injury or death and promoting safe and enjoyable experiences for all users of Windsor’s public parks. This policy is also subject to compliance with the Liquor Licence Act.

In addition to the guidance provided in the MAP, City staff also maintain a Special Events Manual for individuals and organizations planning public special events in Windsor.

Discussion:

The letter from Mr. Westcott encourages Windsor to review its by-laws, regulations and policies surrounding liquor licensing to ensure local businesses are not hindered by administrative processes while resuming operations as restrictions under the EMPCA are eventually eased. In particular, the letter asks the municipality to consider the following three regulatory changes (numbered here based on their order of appearance):

1. Permitting licensed bars and patios to expand further into parking lots and adjacent public spaces,

2. Permitting liquor consumption in appropriate public places including designated municipal parks, and

3. Adopting post-facto inspection for municipal approvals of premise alterations designed to accommodate social distancing such as patios, outside dining, expansion into unlicensed sections of establishment and/or a streamlined site review and other premise change applications.

Administration has examined new and existing practices in regards to the areas of concern noted by Mr. Westcott and Spirits Canada. Whether these recommendations are feasible within current regulatory requirements and administrative practices is discussed below.