Appendix A. In particular, as it relates to railings, the AGCO included the following statement in its Information Bulletin released on June 8, 2020:

“To provide additional flexibility for licensees, Regulation 719 under the LLA was also amended to remove the requirement that licensed service area boundaries must be defined by at least a 0.9 metre partition. Licensees must continue to ensure that all licensed areas are readily distinguishable from areas to which the license does not apply. This change will remain in effect beyond the COVID-19 recovery period”

There are two City of Windsor policies that include language with respect to requirements for railings or other barriers such as fencing.

Municipal Alcohol Policy (MAP)

On Page 23 of the current MAP (revised in 2015), the following requirement is included in the section, “Specific Additional Requirements for Outdoor Temporary Liquor Facilities”:

1. The tent or outdoor areas shall be properly enclosed by a 4’ chain linked, 2 ½ “ criss-cross metal mesh fence on four sides, installed at least ten (10) feet from the tent.

Many of the Business Improvement Areas (BIA’s) have submitted applications for temporary road closures on specific dates to allow for the set up of extended patios for food and beverage service, as well as other business services. Administration is recommending that the 4’ fencing requirement be waived for the 2020 period. As noted in the AGCO Guidelines, the licensee continues to be responsible to “demonstrate sufficient control over the physical extension of the premises”. Alternatives to fencing for designating the perimeter of a licensed area can include equipment such as stanchions with roping.

Sidewalk Cafe Handbook

On Page 30 of the Sidewalk Cafe Handbook, CR107/2005 (revised July 2014), the following requirement is included in the Section 8.1, “Fence Enclosure Design/Connections”:

Fence enclosures are mandatory for patios those greater than 5 square meters (55 square feet) and licensed to serve liquor.

The Sidewalk Cafe Handbook provides six (6) standard railings as well as a custom option to applicants. Administration suggest the mandatory requirement for railings can be waived for the 2020 period. A mini cafe (55 square feet or less), includes two tables and 8 chairs, and does not currently require railings.

Cafe furniture will continue to meet the requirements of Section 8.10 in the Sidewalk Cafe Handbook. This requires that furnishings shall be commercial grade, safe, sturdy, solid weight material and manufactured for outdoor use. Plastic or resin tables and chairs are not permitted, as weather conditions could cause these objects to move into the pedestrian walkway or roadway creating safety concerns.