 Proximity to minors and consumption of alcohol (i.e. playgrounds)

 Container limitations (i.e. no glass containers)

 Evaluation of permitted areas for compliance with Liquor License Act requirements

Administration does not support the consumption of alcohol in Parks outside of areas licensed through a permit.

Post-facto (“after the fact”) Inspections For Premise Alterations

Municipalities are often tasked with providing local monitoring and enforcement of provincial legislation. Inspections are a legislated requirement, helping ensure local environments meet established standards for public safety and security. In order for regulations to be meaningfully enforced, inspections must be performed – and required criteria met – prior to an applicant proceeding with their permitted alterations or activities. Because of this, inspections are required by law to be performed at specific points in the construction process before further work is permitted.

Post-facto inspections allow businesses to resume operations before confirming required work has been completed appropriately. Performing inspections after an establishment has already resumed operations will present significant challenges in ensuring legislated requirements are met. Gaining compliance with regulations “after the fact” is much more challenging and resource-intensive than requiring inspections to ensure compliance prior to allowing alterations to proceed. By reducing the City’s ability to enforce provincial law and potentially allowing occupancy in non-compliant spaces, post-facto inspections will directly impact the ability of City staff to protect public safety.

Administration does not support post-facto inspections.

Risk Analysis:

For expanding patios to parking lots and sidewalks

Expanding patios into parking lots and right-of-ways may present potential risks to public safety. Many buildings with fire safety plans have their meeting points located in their parking lots to ensure all patrons have exited. When changes to the allowable occupancy or area of occupancy occur, staff of the restaurant would be required to be re-trained in their duties during an evacuation emergency. If these plans are not updated and staff appropriately trained, there is an unlikely but highly consequential risk to health and safety should a patron remain within an establishment during an emergency evacuation. Adhering to established processes and requiring inspections before mitigates this risk.

Sidewalk cafes have a number of associated operational risks, such as placement of any objects on the right-of-way. These risks are low to moderate in severity and are well mitigated by existing permit conditions and insurance requirements.