Vancouver City Council |
CITY OF VANCOUVER
POLICY REPORT
LICENSING
Date:
November 4, 2003
Author:
Karen Hoese
Phone No.:
604.871.6403
RTS No.:
03742
CC File No.:
2610
Meeting Date:
November 20, 2003
TO:
Standing Committee on City Services and Budgets
FROM:
Chief License Inspector
SUBJECT:
Extended Liquor Primary Hours: Comprehensive Hours of Service Policy Guidelines and Interim Policy Recommendations
RECOMMENDATION
A. THAT Council instruct the Chief License Inspector to develop a Comprehensive Hours of Service policy for Liquor Primary liquor licensed establishments using an approach based on geographical areas of the city;
FURTHER THAT the principles for developing the policy as discussed in this report and outlined in Appendix A, Part 1, be endorsed;
AND FURTHER THAT Council endorse the policy directions as generally outlined in Appendix A, Part 2 for the Comprehensive Hours of Service policy review;
AND FURTHER THAT staff report back with a work plan, schedule and budget prior to February 2004.
B. THAT Council support the Interim Hours of Service policy for extended hours of liquor service as generally outlined in Appendix B, having considered the opinion of area residents and business operators as determined through public consultation, proximity of residential developments, traffic patterns, road access, availability of parking, noise impacts, social facilities, public buildings and relevant city policy as outlined in this report, titled Extended Liquor Primary Hours: Comprehensive Hours of Service Policy Guidelines and Interim Policy Recommendations and dated November 4, 2003.
C. THAT Council not support any permanent amendments to liquor licenses requesting later closing hours of service until such time that Council approves the applicable Comprehensive Hours of Service Policy.
GENERAL MANAGER'S COMMENTS
The General Manager of Community Services approves the forgoing.
COUNCIL POLICY
On September 13, 2001, Council adopted a liquor licence policy for the Central Business District, including the direction to pursue a greater variety of entertainment opportunities for existing and proposed liquor licence establishments (e.g. hours of operation, establishment size, etc.).
On May 18, 2000, Council adopted a liquor licence policy for the West End neighbourhood, including Davie Village, Denman Village, and Robson Village/ Burrard Street, providing for a variety of neighbourhood-oriented pubs and other licensed outlets, to be operated so that impacts on the liveability of the neighbourhood are minimized.
On January 26, 1999 Council passed a resolution supporting the idea of earlier opening times for cabarets.
On June 19, 1997, Council adopted a liquor licence policy for Downtown, designating the 700 to 900 blocks of Granville Street as the Theatre Row Entertainment District, the 1000 block as a transition area, and the 1100 to 1200 blocks as a local shopping focus for the surrounding community. This policy requires that measures be adopted to prevent new housing from being built in Theatre Row, to ensure that nearby housing is designed to accommodate anticipated impacts and to inform potential owners and tenants about the entertainment district.
On May 2, 1992, Council approved a policy that, on an interim basis, no new liquor licences or amendments to existing liquor licences to increase seating capacity or extend hours of sale (except for restaurant Class 1-B licence) be permitted in Downtown South.
On December 3, 1991, Council approved the Central Area Plan for Vancouver's downtown area. This plan advocates the creation of an "Alive Downtown" with a central area that has a mix of activities with quieter neighbourhoods where people live close to more active areas where people shop and play as well as work.
On November 6, 1990, Council approved a policy that no new liquor licences or amendments to existing licences to increase seating capacity or extend hours of sale (except Restaurant Class 1-B licence) be permitted in the Downtown Eastside or Gastown areas.
SUMMARY
The pilot projects for extended hours of operation up to 4:00 am in the downtown and later Sunday hours city-wide, was in effect over the summer months and subsequently extended to November 30. Results indicate that although there are potential rewards, there are also significant impacts.
Based on the outcomes of the pilot projects and in response to Council's request that a Comprehensive Hours of Service policy be developed, this report provides guiding principles, identifies key components of the policy and recommends that a "geographical approach" be taken for policy development.
In addition, this report provides interim policy recommendations with regard to the hours of operation of current pilot projects. The following recommendations recognize the benefits of the extended hours but also respond to some of the impacts identified during the trial period. The recommendations are as follows:
_ Continue the city-wide extended Sunday hours, allowing Liquor Primary operators to match the hours of operation on Friday and Saturday nights, on Sunday nights; and
_ In the downtown trial period area, extend hours of operation for all Liquor Primary operators by up to two hours, not to extend beyond 3 am.PURPOSE
The purpose of this report is to provide a framework for the development of a city-wide Comprehensive Hours of Service Policy for liquor service and to provide recommendations regarding the approach to be taken in developing this policy. In addition, this report provides recommendations for an interim policy for extended hours of liquor service in the downtown peninsula and extended Sunday hours of operation for liquor primary establishments city-wide.
BACKGROUND
On April 8, 2003, in response to Provincial changes to liquor licensing policy, Council directed staff to undertake the development of a comprehensive hours of service policy, with an initial report back for Council approval of work program, approach, and consultation process. In the interim, staff was directed to consider, on a trial basis, extensions to hours of operation of the following applications:
_ Liquor Primary applications to the same hours of operation as on Friday and Saturday nights, on Sunday nights; and
_ Applications beyond 2:00 am within defined geographic areas and to accommodate special events.As part of the City's Liquor Licence Review process, a trial period for extended Sunday hours for Liquor Primary establishments city-wide was implemented in May 2003, followed in July 2003 by the implementation of a trial period for extended hours beyond 2 am in the downtown. Both trial periods were subsequently extended to the end of November during the time staff required to assess the results of the initial trial periods and report back to Council.
The results of the trial periods are detailed in a companion report "Extended Liquor Primary Hours: Trial Period Summary" dated November 4, 2003.
DISCUSSION
The Provincial liquor licensing reforms have opened the door to hours of liquor service from 9:00 am to 4:00 am, seven days a week, for all Liquor Primary operators, subject to municipal approval. These changes have resulted in the need for the City to review and update its policies and regulations pertaining to liquor licensing; they have also presented the opportunity for Council to consider new directions in terms of the City's nightlife.
There has been a demand from liquor licensed establishments, the entertainment industry and other sectors to expand hours of liquor service to provide increased opportunities for businesses and create a livelier nightlife scene. The results of the trial period indicate that there are potentially positive outcomes from later hours, such as increased revenues for some businesses, increased employment and expanded entertainment options. Further, the later hours and the flexibility provided to operators have proven popular with "clubbers" and some tourists.
However, there have also been significant impacts and the trial period for extended hours has shown that that there are increasing conflicts between liquor licensed entertainment venues and a growing residential population in the downtown. In addition, the increased crowds that have resulted from the popularity of the later nights appear to demonstrate high levels of intoxication; the associated behaviour has raised enforcement concerns with the Police. It should be noted, that other than increased Policing, no mitigation strategies were put in place during the trial period.
The trial period provided many insights with regard to later hours. However, in considering the outcomes, especially within the context of a broader application of extended hours, a number of important questions are raised as well:
_ Although 4 am is the maximum time for hours of liquor service as determined by the Province, is it the appropriate closing time for establishments in Vancouver?
_ Should there be extended hours only for weekends or should weekdays be considered as well? If so, where? If not, why?
_ Neighbourhoods throughout the City differ in their character and makeup; is the same closing time appropriate for all areas or should it vary based on certain criteria?
_ In mixed-use areas, how can residential liveability be balanced with business interests, economic health of areas, and broader community interests?
_ If the closing hours were to vary between areas of the City, how would that impact the economic viability of some businesses? Would this result in increased migration between areas?
_ What resources will be required to ensure a safe implementation of later hours?
_ How can the City's ability to respond to issues in a timely manner be ensured?
_ How can the level of regulation be balanced against flexibility and certainty for operators?In response to Council's direction to undertake the development of a Comprehensive Hours of Service policy and based on the outcomes and questions raised by the trial period for extended hours, staff have provided a framework for such a policy, including principles, policy components and a recommended approach to developing the policy.
Comprehensive Hours Policy: Principles & Policy Directions
Principles
The following principles are identified by staff as being important considerations in developing liquor related policy and are intended to guide the process for developing a Comprehensive Hours of Service policy for existing establishments and future licenses:1. Take into account relevant existing City policy pertaining to land use and liquor licensing while considering new directions.
2. Confirm or define the City's entertainment zones as well as commercial areas appropriate for later-night entertainment uses. In doing so, consider neighbourhood character and residential tolerances for noise associated with liquor licensed establishments.
3. Ensure residential liveability is maintained in areas that are primarily residential.
4. Ensure negative impacts of liquor licensed establishments on local residents and businesses are reduced.
5. Support increased opportunities for entertainment in liquor licensed establishments.
6. Maximize the operational flexibility for Liquor Primary businesses.
7. Maximize economic returns to the City from tourism and increased industry vitality.
8. Consider the economic health of neighbourhoods.
9. Provide a safe environment for citizens and visitors to enjoy the City's nightlife.
10. Ensure the City maintains the ability to be responsive to future issues and concerns of area residents and businesses.
11. Provide a variety of ways for a range of stakeholders to participate in the process and ensure that the opinions of both those directly affected and those in a wider community are sought.
12. Consider the financial and social costs to the City, both direct costs (additional Policing and other staff costs) and where possible, indirect costs (such as effects of alcoholism and vehicular accidents).Key Policy Components
Key components of the Comprehensive Hours of Service policy will include mitigation of impacts, regulatory tools to allow monitoring of issues and provision for the City to respond effectively, and enforcement resources.Mitigation
One of the greatest issues identified through feedback received during the trial period was that of noise. Street noise is an issue typically associated with Liquor Primary uses and late-night entertainment areas, and may range from loud conversations or yelling to loud vehicles. Less of an issue, but of concern with some of the establishments directly adjacent to residential uses, was loud music or bass emanating from the establishment itself.A number of approaches that may reduce noise impacts on some of the adjacent residential uses have been identified. For example, some of the concerns regarding loud music or bass could be addressed through requirements such as acoustical upgrades, while smoking rooms or internal waiting areas could reduce the number of people lingering outside of establishments. Such requirements would however entail structural alterations and capital investment and would therefore not likely be viable unless a long-term approval is in place.
However, structural changes alone will not resolve noise issues. The most important component will involve operational changes by the industry.Industry members, through the Barwatch Association, have indicated that they are willing to work with the City to try to find solutions to some of the noise problems. This may involve strategies ranging from use of identity cards and improved crowd control management techniques to signage, and ensuring doors and windows are kept closed. Increasing the "level of sophistication" of patrons through public education could also contribute considerably in reducing impacts. However, it is important to recognize that all of these initiatives will require self-policing by the industry and a willingness of individual establishments to participate, particularly as the City has little authority to ensure long term implementation of most of these actions.
Other issues related to the extended hours include increased garbage, sidewalk congestion (particularly Granville Street), line-up control and poor late-night traffic circulation. Some of these issues may be resolvable over the short-term through coordination with City departments.
Regulation
The use of management tools such as time-limited approvals or temporary amendments to allow on-going monitoring and responsiveness to issues, or conditional approvals to ensure certain requirements are met could help resolve some of the issues associated with later hours of liquor service.Provincial/Municipal procedures should be reviewed to look at strengthening the City's ability to deal with issues in a timelier manner. During the trial period, when staff wanted to rescind a temporary approval for later hours, Provincial procedures were found not to be responsive enough.
Enforcement
During the trial period, Police expressed serious concerns related to street disorder, particularly on Granville Street. The Comprehensive Hours of Service policy should address issues such as providing an adequate Police presence during the later-hours and identifying better enforcement tools such as an anti-fighting bylaw. There is a strong desire within the Vancouver Police Department and industry to deal with problem individuals more effectively rather than inconveniencing and restricting the majority that are generally well behaved. A number of enforcement measures that could reduce impacts were identified during the trial period including enforcement of hours of operation of patio seating and later parking bylaw enforcement.Approach
To develop a Comprehensive Hours of Service policy, there are a number of approaches that could be taken including: neighbourhood or geographical approach, blanket city-wide approach, continuation of temporary approvals, or a case-by-case approach. The options vary primarily in their responsiveness both to neighbourhoods and to Liquor Primary operators wishing to apply for extended hours. A summary of these approaches, including advantages and disadvantages, is included in Appendix C.Based on the principles outlined above and the reasons detailed in Appendix C, staff feel that the most appropriate method for policy development is the "Geographical Approach", which will best balance diverse concerns and interests.
Products
The process will result in a policy for hours of service for Liquor Primary establishments city-wide, seven days a week, and will include policy both for earlier opening hours and later closing hours.Earlier Hours Policy
Under the new Provincial liquor licensing regulations, establishments are permitted to open at 9 am, subject to municipal approval. Previous Provincial hours of operation policy varied with the category of liquor license. In the past, Council has supported earlier openings with approvals issued on a case-by-case basis. Generally, earlier opening hours are supported to encourage additional activity on the street during the day. Issues that may need to be considered include whether there is resident or business opposition and why, proximity to schools or other social facilities, and the operator's enforcement/compliance history.Later Hours Policy
Under the new Provincial liquor licensing regulations, establishments are permitted to serve liquor up to 4 am, with municipal approval required for any extensions beyond 2 am. The City's current hours of operation policy continue to be based on the previous Provincial policies for each of the old liquor license categories, with liquor service ending anywhere between 11 pm and 2 am. These policies are further supplemented by area specific policies, such as the Downtown Eastside moratorium policy. Some extensions to hours of service have been permitted in restricted areas in exchange for public benefit, such as contracts guaranteeing Single Room Accommodation or heritage restoration.During the trial period in the downtown, establishments were permitted to apply for liquor service up to 4 am on Friday and Saturday nights, Sunday nights preceding statutory holidays and on limited festival nights. In addition, the later Sunday hours were permitted on a city-wide basis. Public consultation will be required for hours beyond 2:00 am on weekdays and in any areas outside the downtown trial period area. Further, consideration should be given to the approach taken with current moratorium areas such as Granville South, Gastown ad Downtown Eastside.
If Council agrees with general direction of the recommended approach to policy development, staff will report back by February 2004 with a detailed work program including schedule and public consultation process as well as a budget and recommendations to adjust fees for temporary approvals to recover costs.
PRELIMINARY POLICY RECOMMENDATIONS
With any of the above options for developing a comprehensive hours policy, either an interim policy needs to be put in place prior to the expiration of the current extension to the hours of operation for downtown establishments on November 30, or hours of service will revert back to operator's original hours. Recommendations are provided for the downtown extended hours as well as the city-wide Sunday extended hours.
The results of the trial periods for extended hours in the downtown, including Friday and Saturday nights, nights preceding statutory holidays and citywide festival nights, as well as the later Sunday hours, were detailed in a companion report. While it is recognized that there are benefits to the later closing hours, and some on-going extension of closing hours may be appropriate while longer-term policy is developed, the trial period has shown that there are also significant issues to overcome.
In reviewing options for an interim policy, the following objectives were considered:
_ Limit impacts resulting from the extended hours on local residents.
_ Limit the disparity in hours of operation between downtown establishments and those situated outside the trial period boundaries.
_ Continue to provide additional opportunities for entertainment or nightlife options.
_ Continue to provide additional flexibility in hours of operation to operators.
_ Minimize policing and monitoring costs.
_ Reduce migration from other areas of the City and adjacent municipalities.
_ Ensure the option is implementable as soon as possible.Staff have carefully weighed the pros and cons as outlined in the companion report, and feel a further temporary extension of hours of operation is supportable while the policy is under development. It is felt that the recommended interim policy outlined below provides a balance between the negative and positive aspects of extended hours and meets the above objectives.
Recommended Interim Policy
Staff recommend that during the interim period while a Comprehensive Hours of Service policy is being developed, Liquor Primary establishments be permitted to apply to extend their hours of liquor service as follows:
1. For establishments located within the boundaries of the downtown trial period, on Friday and Saturday nights and nights preceding statutory holidays, up to a maximum of two additional hours, not to exceed 3:00 am; and,
2. For establishments city-wide, on Sundays, to match their permanent hours of service on Friday and Saturday nights.
By pulling back the hours to 3 am, it is felt that the impacts on the residential uses will be decreased from the existing situation. Also, the somewhat earlier closing time reduces the disparity between the downtown establishments and those situated outside of the trial period area, and should ease some of the problems of migration from other areas to the downtown. At the same time, by continuing to permit extensions of up to two hours, the interim policy will provide some of the flexibility and business opportunities that the industry is requesting.
Limiting the extension by a maximum of two hours addresses some of the issues that resulted due to the shift in hours of service. For example, by permitting extensions up to 4 am for all applicants, some establishments gained up to four additional hours of liquor service, thereby necessitating a significant adjustment for the surrounding neighbourhood. In addition, the limit of two hours will also result in some staggering of closing hours.
It is anticipated that implementation of these two key changes during the interim period, while the policy is under development, will reduce some of the impacts of the extended hours while at the same time allowing for further review of issues and evaluation of how they can be further addressed.
If Council supports the recommended geographical approach, it is anticipated that the interim policy may be in place up to 12 months. However, some aspects of the policy may be completed prior to this time; it is also likely that extended hours will not work in all areas of the city. Recognizing that there may be some desire for additional flexibility for hours of service during the summer months, staff will report back to Council prior to the end of May 2004 either with some policy directions or with recommendations for hours of service for City festival dates during the summer months.
ENVIRONMENTAL HEALTH COMMENTS
The Environmental Health Division supports the approach of using geographical areas of the city as a basis for any future extended hours policy. The current trial period has shown that clubs in or adjacent to residences tended to be more problematic than those away from residences. "Internal type' noise problems (e.g. music escaping from the club) can certainly be mitigated through structural and operational changes. This will require significant co-operation from establishment owners however.
The inclusion of principles that ensure residential liveability and reduction of negative impacts will have to be a key component in any future approval process.
POLICE COMMENTS
As outlined in the companion report, Police have serious concerns about the extended hours of liquor service. Without significant changes to the current scheme, the Vancouver Police Department strongly recommends that the trial period not be extended.
FINANCIAL IMPLICATIONS
Extended closing hours will have some impact on Policing and other staff costs. Costs for the interim policy period will be detailed further in a report back to Council regarding the work plan for a Comprehensive Hours of Service policy.
PERSONNEL IMPLICATIONS
Two temporary staff positions, Policy Analyst and Research Assistant, were approved to assist in the Liquor Licensing Review. Funding for these positions will provide staffing up to June 2004.
SOCIAL IMPLICATIONS
Increased hours of liquor service have impacts on adjacent mixed-use/residential areas.
Concerns about social impacts of increased alcohol consumptions include drinking and driving, alcoholism, and behaviour such as increased violence and improper conduct.Social Planning has indicated the following concerns:
_ Late night noise/traffic impacts on residents adjacent to neighbourhood pubs or other establishments located adjacent to housing.
_ Negative effects on neighborhoods which have already been identified as having too many seats e.g. Downtown Eastside and Gastown.
_ Increased liquor availability and consumption may be associated with increased levels of alcohol-related harms. Rates of alcohol-related deaths and alcohol related spousal assault have not changed significantly in the past decade. Rates of regular heavy drinking show a worsening trend. There is some indication that increased access may lead to an increase in impaired driving.
_ Hazardous drinking patterns are predominately found in younger rather than older age groups and in males rather than females. Any increase in alcohol consumption by volume or by frequency in these groups should be viewed with concern.
_ Increased access to liquor is occurring in a context where treatment resources are extremely inadequate. There is a need for a dedicated and secure funding base to ensure that treatment resources are adequate and available, and to support work on public safety issues like underage drinking, impaired driving, public intoxication, overcrowding.IMPLEMENTATION PLAN
Interim Policy
The current extension to the trial period comes to a conclusion on November 30. The interim policy will be put into effect as of December 5.To recover the costs associated with developing the Comprehensive Hours of Service policy and the associated costs to monitor the temporary extension, staff will report back to Council with a fee structure for the interim period temporary approvals as quickly as possible. As such, it is recommended that the initial approval interval be limited to a period of time that will allow for the review and implementation of a revised fee structure that is fair for all operators.
While interim policy is in place staff will liaise with appropriate City departments to identify ways to mitigate issues that may be resolvable over the short term, including:
_ Traffic circulation on Granville Street and possibly Gastown.
_ Garbage pick-up and street cleaning after liquor establishments close.
_ Enforcement of patio hours.
_ Sidewalk congestion and line-up control.Staff will continue liaising with Barwatch and other industry establishments to establish tools to reduce community impacts. Should Council support the interim policy, Staff will also continue to monitor the extended hours and encourage public feedback.
Comprehensive Hours of Service Policy
Based on the approach to policy development endorsed by Council, staff will report back prior to February 2004 with a work plan including public consultation, schedule, budget and a revised fee structure for cost recovery.Staff will report back no later than the year end of 2004 with the Comprehensive Hours of Service policy. Some aspects of the policy may be reported back prior to this time.
While the Comprehensive Hours of Service policy is being developed, it is recommended that Council not support any permanent changes to hours of service.
CONCLUSION
The recent Provincial liquor licensing reforms have resulted in permitted hours of operation for Liquor Primary establishments being from 9 am to 4 am, subject to municipal approval. In response, the City has initiated its own review of liquor licensing policies and regulations including two pilot projects to assess the impacts of the extended hours.
While the pilot projects have shown that extended hours can have a number of positive outcomes, they have also shown that they have the potential to create negative impacts, particularly for local residents. For the later hours to be successful, a comprehensive approach for determining hours of service for Liquor Primary establishments is required and needs to include appropriate intervention and management tools to mitigate associated impacts.
This report provides a framework for the development of a city-wide Hours of Service policy, providing recommendations for a geographically-based approach guided by principles that respect those residing in the City's neighbourhoods while recognizing the desire for a more vibrant nightlife and more entertainment opportunities, considering the demand for more flexibility in hours of operation and providing for increased economic opportunities.
Based on the outcomes of the downtown pilot project, an interim policy that balances neighbourhood and industry interests is put forward, recommending that Liquor Primary operators within the trial period boundaries be permitted to apply to extend their hours of service up to a maximum of two additional hours, not to exceed 3 am. In addition, it is recommended that for Sunday nights, Liquor Primary establishments city-wide be permitted to continue to match their permanent hours of service on Friday and Saturday nights on a temporary basis.
To further mitigate impacts of the later hours, staff will identify issues that may be resolvable over the short term and take appropriate actions.
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COMPREHENSIVE HOURS OF SERVICE POLICY
RECOMMENDATION A, PART 1 - PRINCIPLES
1. Take into account relevant existing City policy pertaining to land use and liquor licensing while considering new directions.
2. Confirm or define the City's entertainment zones as well as commercial areas appropriate for later-night entertainment uses. In doing so, consider neighbourhood character and residential tolerances for noise associated with liquor licensed establishments.
3. Ensure residential liveability is maintained in areas that are primarily residential.
4. Ensure negative impacts of liquor licensed establishments on local residents and businesses are reduced.
5. Support increased opportunities for entertainment in liquor licensed establishments.
6. Maximize the operational flexibility for Liquor Primary businesses.
7. Maximize economic returns to the City from tourism and increased industry vitality.
8. Consider the economic health of neighbourhoods.
9. Provide a safe environment for citizens and visitors to enjoy the City's nightlife.
10. Ensure the City maintains the ability to be responsive to future issues and concerns of area residents and businesses.
11. Provide a variety of ways for a range of stakeholders to participate in the process and ensure that the opinions of both those directly affected and those in a wider community are sought.
12. Consider the financial and social costs to the City, both direct costs (additional Policing and other staff costs) and where possible, indirect costs (such as effects of alcoholism and vehicular accidents).
COMPREHENSIVE HOURS OF SERVICE POLICYRECOMMENDATION A, PART 2 - POLICY DEVELOPMENT DIRECTIVE
1. The Comprehensive Hours of Service policy will be developed based on roughly the following geographical areas:
a. Central Business District
b. Theatre Row Entertainment District
c. Downtown Granville South, Yaletown
d. West End
e. Gastown
f. Downtown Eastside
g. Vancouver Eastside including Strathcona
h. Vancouver Westside
RECOMMENDATION B
INTERIM HOURS OF SERVICE POLICY
The interim policy for Liquor Primary liquor licensed establishments to temporarily extend their hours of liquor service is as follows:
1. Establishments within the downtown trial period boundaries will be permitted to apply to extend their hours of liquor service by up to a maximum of two additional hours, not to exceed 3 am, subject to:
a. Approvals being limited to Friday and Saturday nights and nights preceding statutory holidays; and,
b. The initial temporary approval being limited to such a period of time that allows for the review of a revised fee structure to provide for cost recovery of the policy development and monitoring during the interim period.
2. Establishments city-wide will be permitted to apply to extend their hours of liquor service on Sunday nights so as to match their permanent hours of service on Friday and Saturday nights, subject to:
a. The initial temporary approval being limited to such a period of time as to allow for the review of a fee structure to accommodate the interim hours of service policy.
3. Staff will report back to Council prior to the end of May 2004 with the following:
a. Comprehensive Hours of Service policy, or
b. Recommendations for extended hours for City summer festival dates.4. The Interim Policy is not to exceed a period of 12 months from the date of Council's resolution.
APPENDIX C
PAGE 1 OF 2Table 1: Alternative Approaches for Hours of Service Policy Development
Description
Advantages
Disadvantages
Geographical
Approach
(Recommended)- Consider geographical areas to determine appropriate hours of operation for liquor service.
- Mitigation, management and enforcement will either be detailed in the policy or will be unique to each area.
- Existing policies would be refined to reflect new hours of operation & new policies developed as required.- Most responsive to neighbourhood and business operations.
- Greater variety of options and may allow the "bar" to be set higher in some areas.
- Will allow Council to weigh public opinion in one area in addition to broader considerations.- Extensive public consultation process with higher resource needs.
- May not be equitable for businesses, particularly those who serve an area beyond the local community.
- May create a varied playing field which will have consequences for those businesses.
- Impacts related to migration.City-Wide
Approach- Develop a blanket policy for all Liquor Primary establishments city-wide.
- Mitigation, management and enforcement procedures will be detailed in the policy.
- This policy would supersede any previous policies regarding hours of service.- Provides equal opportunities for hours of operation for all Liquor Primary operators.
- Quicker process with less public consultation and therefore less time required to develop a long-term policy.- Less responsive to different areas of the city.
- Variance in decisions from the base policy will be precedent setting.
- Will pit industry against residents on a city-wide scale.Temporary Approval Approach
- Provide extensions to Liquor Primary establishments for limited periods of time (i.e. current trial periods).
- A comprehensive hours policy would provide guidelines for decision-making, but is not necessary.- City retains a high level of control with regard to approvals.
- Ease of implementation.- On-going renewal process.
- No certainty for Liquor Primary establishments.
- Difficult to implement mitigations that would require capital investment.
-Province may not allow continued temporary extensions.
- No policy structure is provided to potential new operatorsCase by Case
Approach- Consider each application for extended hours of operation independently using current process of internal review, public notification, report to Council and Council decision. - A comprehensive hours policy would provide guide-lines for decision-making, but is not necessary.
- Each decision can be tailored to reflect establishment's history and reflect neighbourhood values, at the time of application.
- Processing time for applications will be long, & will require much staff and Council time for processing and review.
- No coordination of decisions resulting in Council decisions that may appear to be arbitrary or biased.
- Industry, particularly new operators, will have no guidelines as to what would be acceptable for an area or Council.
- May generate a high level of frustration from both residents and business operators.
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