|
CITY OF VANCOUVER ADMINISTRATIVE REPORT | |||
Date: |
September 21, 2004 | |||
Author: |
Karen Hoese | |||
Phone No.: |
604.871.6403 | |||
RTS No.: |
04510 | |||
CC File No.: |
2611 | |||
Meeting Date: |
October 5, 2004 | |||
TO: |
Vancouver City Council |
FROM: |
Chief License Inspector |
SUBJECT: |
Liquor Licensing Hours of Service Policy Review |
RECOMMENDATION
THAT Council receive this report for information.
GENERAL MANAGER'S COMMENTS
The General Manager of Community Services submits this report for Council's information.
CITY MANAGER'S COMMENTS
This report provides information on staff research related to liquor hours regulations and policies in other cities, as well as information from staff and Police on the results of the temporary hours extension pilot in the Downtown area. The report is being presented in advance of the Liquor Licensing Hours of Service Policy Recommendation report in order to provide Council with an opportunity to review this information and ask for clarification or additional information prior to making decisions on long term liquor hours policy.
COUNCIL POLICY
On May 6, 2004 Council revised the Interim Hours of Service Policy to limit the hours of liquor service in the downtown area to 3 am and to allow extended hours of liquor service on selected festival nights for Liquor Primary establishments in the downtown area on weekdays to 3 am and weekends to 4 am.
On January 15, 2004 Council approved an amendment to the License By-law fee schedule to recover costs associated with policy development and monitoring of extended hours of liquor service by Police and License Department staff.
On November 20, 2003, Council adopted an Interim Hours of Service Policy, not to exceed a period of 12 months, permitting Liquor Primary establishments within the downtown to extend their hours of liquor service on Friday and Saturday nights up to 4 am, and establishments city-wide to extend their hours of service on Sunday nights to match their permanent hours of service on Friday and Saturday nights.
On April 8, 2003, Council directed staff 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 am within defined geographic areas and to accommodate special events.
SUMMARY
Recent Provincial liquor licensing reforms have necessitated a new City approach for responding to Liquor Primary applications and amendments. In developing a new hours of liquor service policy for the City, staff took into consideration the experiences in other cities, alcohol-related social concerns, stakeholder feedback, and issues associated with the current temporary extended hours. A summary of this information is provided in this report.
To gain a better understanding of the experiences other cities have faced with regard to hours of liquor service, staff researched liquor licensing policy in a variety of North American and other international cities. This research and the research commissioned by Social Planning, found that both the hours of liquor service as well as how the licenses are regulated and enforced, are important factors in developing policy.
An extensive public consultation process was also conducted. Although respondents were divided in their support or non-support of extended hours, it is clear that there is an expectation that the City be able to deal with problem operators in an expedient manner, that impacts be minimized, and that citizens have a voice in their neighbourhoods.
In addition, the extended hours permitted under the current interim policy and the original trial period have provided valuable insights into the demand for later hours and the associated problems. The downtown clubs, particularly those on Granville Street, have become a magnet for a youthful nightlife culture. This has however not come without costs, resulting in additional policing requirements and impacts on downtown residents.
Finally, an update on the status of impact reduction measures, outlined in a report to Council on May 6, 2004, is provided.
PURPOSE
This report provides a summary of the research conducted regarding hours of liquor service in other cities and on social impacts of alcohol, as well as on feedback received through the public consultation process and the City's experience with the current extended hours of liquor service.
BACKGROUND
Provincial Reforms to Liquor Licensing
Provincial government reforms in December 2002 included significant changes to categories of liquor licensed establishments and opened the door to longer hours of liquor service. There were previously nine categories of liquor serving establishments in the City, with hours ranging from 9 am to 2 am. These categories determined not only what hours the establishments operated but also set capacity and regulated type of entertainment and provision of food service.
Now the number of categories has been reduced to two, Liquor Primary and Food Primary, and all establishments within these categories may apply for permanent hours of liquor service between 9 am and 4 am, seven days a week, subject to municipal approval. At this time, we are looking only at hours associated with Liquor Primary establishments, which incorporate the old Provincial categories of cabaret, neighbourhood pub, hotel pub or lounge, private club and venue.
In liberalizing the liquor licensing regulations, the Provincial reforms have done away with many of the checks and balances previously relied upon by the municipalities. As a result, the City now needs to review its own policies and to assess the directions it wishes to pursue with regard to liquor licensing and hours of liquor service, within the new parameters set by the Province.
Regulation of Liquor Licensing
Despite the Provincial reforms, which have devolved many responsibilities to the municipal level, there has been no concurrent increase in municipal decision-making powers. Since liquor licensing is regulated at the Provincial level, the authority to issue, amend or revoke a liquor license lies entirely with the Liquor Control Licensing Branch (LCLB). The City's role in liquor licensing is restricted to supporting or opposing liquor license applications based on its land-use policies and enforcement records, and regulating the associated business license.
The issuance of a Provincial liquor license is typically subject to City approval. Although LCLB policy will permit temporary amendments for up to one year to allow local government assessment, Council decisions made regarding Provincial liquor licenses are final for the life of the business or as long as the license remains in good standing with the LCLB. As a result, it is not possible for Council to support a new license, or an amendment to an existing license, on an on-going time-limited basis or to reverse their decision should circumstances change.
Unfortunately, it has been found that the LCLB process for revoking a license is lengthy and unresponsive with regard to locally-based issues. As such, it has become increasingly apparent to staff that, to ensure appropriate operations and minimize negative impacts, the City needs to be able to deal with operational changes in liquor licensed establishments in a timelier manner. Over the past year, Licensing staff have found that short-term approvals for extended hours have been extremely valuable in dealing with problem establishments and providing a means to ensure compliance.
In June, to initiate discussions to deal with these concerns, Council sent a letter to the Solicitor General and the Ministry of Public Safety. The letter requested that the LCLB policy be revised to permit on-going and unlimited temporary amendments to liquor licenses or to provide the City or the LCLB with the ability to rescind permanent amendments in a more expedient manner. Discussions are currently underway.
Temporary Extended Hours (July 2003 - October 2004)
In response to the Provincial reforms, the City implemented a trial period between July and November 2003, for later hours up to 4 am, on weekends and festival dates in the downtown only. In November 2003 this was extended through an interim policy, not to exceed 12 months while work on city-wide policy was underway. This policy work started in February 2004 with a public outreach component including a GVTV segment on bar hours, City webpage updates, distribution of information brochures, media coverage and a series of open houses throughout the City. In June 2004, to reduce impacts of migration from other parts of the city and other municipalities, maximum hours for the interim period were rolled back to 3 am.
DISCUSSION
To guide and inform the policy development process, staff have pursued a number of approaches including research on other North American and other international cities and alcohol policy, feedback from stakeholders, exploration of regulatory alternatives, and analysis of the City's experiences to date. The findings are discussed in detail below.
Hours Research
Research was undertaken on a range of North American and European cities through web-based research, interviews with individuals from municipal governments, liquor control agencies and other associated organizations, and review of existing studies. The focus was on gaining an understanding of the experiences other cities have had with hours of liquor service, ways in which these cities have attempted to minimize or eliminate associated problems and best practices that might be transferable to our own situation. The cities reviewed were as follows:
· Canada - Calgary, Edmonton, Toronto, Ottawa, Montreal and Halifax
· United States - Seattle, San Francisco, Austin, New Orleans, Chicago and New York
· International - London, Edinburgh, Copenhagen, Berlin, Auckland and Sydney
A brief discussion of the research is provided below. A more detailed summary is attached as Appendix A.
Hours of Liquor Service
The cities reviewed have hours of liquor service ranging from a closing time of 2 am to 24 hour service. For some of these cities, there has been a tradition of late-night entertainment, while for others, it is a relatively new experience implemented to encourage a more dynamic nightlife, to respond to interest groups, or with hopes of finding a solution to issues associated with liquor licensed establishments.
In the Canadian context, no province permits the service of alcohol as late as British Columbia. Hours beyond 2 am were found only in Montreal (3 am) and in Halifax (3:30 am). Toronto allows service to 3 am only during the annual one-week Pride Festival. In addition, all the other cities continue to have a variety of liquor licensed categories of use that close earlier than the maximum time permitted.
In the U.S.A. permitted hours of liquor service vary from state to state, but are typically 6 am to 2 am daily. In some cities however, there are options for extended hours: New York allows liquor service up to 4 am; Chicago, through a Late Hours License, allows liquor service up to 5 am; and New Orleans is a 24 hour city. Of the international cities researched, some of the cities cease liquor service by 3 am, but most either have the option of 24 hour liquor service or are considering implementing it.
Table 1 summarizes the hours of liquor service for the various cities that were researched.
Table 1: Maximum Hours of Service for Liquor Primary Establishments
|
City |
Maximum hours |
Details |
Calgary |
10 a.m. - 2 a.m. |
Daily for restaurants, taverns, lounges, nightclubs, clubs, and canteens |
Toronto |
11 a.m. - 2 a.m. |
Daily for on-premises liquor sales
|
Montreal |
8 a.m. - 3 a.m. |
Daily for bars, clubs, and restaurants |
Halifax |
11 a.m. - 3:30 a.m. |
For cabarets (nightclubs) Mon.-Sat. |
Seattle |
6 a.m. - 2 a.m. |
Daily for all license classes |
San Francisco |
6 a.m. - 2 a.m. |
Daily for all license classes |
Austin |
7 a.m. - 2 a.m. |
In extended hours area Mon.-Sat. |
New Orleans |
24 hours |
Each parish in Louisiana sets its own hours of service |
Chicago |
7 a.m. - 5 a.m. |
On Saturday with a Late Hour License
|
New York City |
8 a.m. - 4 a.m. |
For on-premises consumption Mon.-Sat. |
London |
11 a.m. - 3 a.m. |
New option to apply for 24-hour licensing starting in 2005 |
Edinburgh |
11 a.m. - 3 a.m. |
For nightclubs |
Copenhagen |
To 5 a.m. |
24-hour licensing is possible, but not commonly permitted |
Berlin |
To 6 a.m. |
Special extensions are available |
Sydney |
24 hours |
|
Auckland |
24 hours |
Issues
All of the cities reviewed, to some extent, experience issues associated with later hours of liquor service including increased noise, nuisance behaviour and violence, and report insufficient police resources. Many of these cities also report issues with large crowds, particularly in conjunction with club closing time. There appears to be a trend of escalating conflict between the patrons of late-night entertainment venues and urban residents, due to an increased residential population in the traditionally commercial downtown areas, particularly in North America.
Strategies Used
Of the cities researched, it was found that late-night hours are regulated with varying degrees of success. One of the key messages in this research was that it is not necessarily the specific hours of liquor service that are critical, but how licenses and licensed premises are controlled, managed and regulated. Some of the factors that seem to contribute most to a successful nightlife, as well as some notable examples, are summarized below:
· Local Government Control
Strong local controls are required in order to influence the behaviour of the operators. Authorities must be able to put appropriate sanctions in place, respond expediently, and if necessary, revoke licenses.
· Appropriate Regulatory tools
Additional controls used by other cities include conditional approvals were permit provisions address issues such as noise levels and security plans, temporary approvals, and the use of a separate license for higher impact situations such as later hours.
o The Business Licensing Bylaw of Edmonton contains provisions related to noise management for nightclubs: plans must be approved by the City and failure to comply can result in potential withdrawal of the license.
o Chicago provides the option of applying for an "extended hours license" which includes a higher fee and increased requirements to reduce impacts.
· Quick and Effective Enforcement
Strong legislation allows quick and effective enforcement of violations, both of problem operators and of those involved in inappropriate behaviours. With regard to operators, penalties that include removal of the right to do business have considerably more impact than a fine.
o In Copenhagen, taking away an establishments' right to play music has proven to be an effective penalty for nuisance complaints.
o Seattle uses swift and costly enforcement action to force licensees into line or out of business. Their suspension period, for extreme cases, has been increased from 30 to 180 days and four violations in two years now leads to cancellation of the liquor license.
· Limits on Concentration and Size of Bars
Restricting the number and density of alcohol outlets in specific areas is one method used by a number of cities to reduce liquor-related problems.
o In Chicago, there is the ability to use a Moratorium to freeze the number of existing liquor licenses in a specified area or hold a Local Referendum to vote an area "Dry or "Wet".
o In Seattle, Alcohol Impact Areas are applied to restrict types of sales or hours of service.
· An Adequate Police Presence
This is generally recognized as a requirement in most cities, both as a preventative measure and to deal with violations.
o Chicago has a designated Liquor Squad where staff are allocated to specifically monitor liquor licensed establishments and their patrons.
· Collaboration, Communication & Conflict Resolution.
These factors are playing an increasingly important role in many cities, particularly with the increasing conflicts between liquor licensed establishments and the encroaching residential developments. A pro-active approach, which stresses communication and stewardship and involves all stakeholders, is required.
o In San Francisco, Good Neighbour Polices restrict license transfers and contain regulations regarding cleanup, advertising and lighting. Establishments that do not adhere to the regulations can be cited, sanctioned or closed.
o In Chicago, through community meetings, municipal assistance is provided to allow local community members and licensees to resolve problems together.
o In Seattle, a Hospitality Resource Panel explores how local government, entertainment businesses, residents and developers can work together to promote responsible growth and maintenance of urban neighbourhoods.
Social Research
A background study on Alcohol Policy was commissioned by the Social Planning Department in June 2004 to respond to Council's concerns regarding the proliferation of liquor retail stores. The report outlines the key health and social considerations of expanding the availability and ease of access to alcohol, and presents current research findings. Many of the issues considered in the report are also relevant to this discussion regarding hours of liquor service in Liquor Primary establishments. A brief summary of some of the key points is provided below. The report in full is attached as Appendix B.
One of the key messages in the research is that reduction of the hours and days of sale, numbers of alcohol outlets, and restrictions on access to alcohol, are associated with reductions in both alcohol use and alcohol related problems. Conversely, increasing the hours of liquor licensed establishments results in increased accessibility to liquor - a particular concern for youth and at-risk populations. The research further indicates that the most effective government practices to reduce impacts would be comprised of a mix of alcohol control policies that regulate physical availability and impact on the convenience of purchasing or consuming alcohol by:
o Restricting hours and days of sale, the size and density of outlets, or the location and placement of establishments;
o Providing guidelines for on-premise controls regarding discounted drinks, server training, design of the premises, or provision of food or entertainment; and
o Implementing drinking driving countermeasures.
In reviewing policy-relevant strategies and interventions, although rated equally effective, restrictions on hours and days of sale have more research support and cost less than enforcement of on-premise regulations and legal requirements.
It is also indicated that implementation of such polices needs to be backed by enforcement, and supported by preventative measures and available treatment.
Public Consultation
On January 15, 2004 Council endorsed a work program and terms of reference for developing a city-wide hours of liquor service policy, including principles to guide the process, components that needed to be included in the policy such as impact reduction, improved regulatory tools and enforcement measures, and a recommended public consultation approach.
A series of ten preliminary open houses was held throughout the City of Vancouver between February and May to identify resident concerns and opinions regarding hours of liquor service. These were followed by a final open house in July to present proposed policy directions. The open houses were broadly advertised and received substantial news coverage. To provide further opportunities for feedback, a City web page was set up with information on the process, updates and comment forms. In addition, an information brochure was distributed to all community centres and libraries, and mail-outs were sent to interest groups at key points during the process.
The low number of responses received does not allow for statistical analysis; rather the findings should be regarded as a sampling of comments received. Although the response was not as large as hoped for, it is anticipated that there will be significantly more interest in response to implementation.
Preliminary Open Houses
Approximately 150 people attended the initial open houses, which were held city-wide between February and May, and about 130 comment forms were received. Generally public opinion was split with regard to support, conditional support or non-support of earlier and later openings. Respondents indicated increased support for extended hours if impact reduction measures could be implemented effectively and the City had the ability to revoke approvals for extended hours expediently.
Those in favour of extended hours cited reasons such as increased flexibility for changing population needs, an improved nightlife, increased entertainment and tourism opportunities, and economic benefit to industry. Those not supporting extended hours had concerns or complaints about increased street noise, nuisance behaviour and increased violence, and the impact on City resources, particularly policing. It was felt that the most important factor in developing policy should be proximity to residential areas.
Final Open House
The final open house, which took place in mid-July at the main branch of the Vancouver Public Library, was attended by over 50 people. Approximately 40 responses were received in total: 30 responses to the open house survey and 10 responses via phone and e-mail.
Public opinion was divided with regard to the proposed model. In summary:
· Sub-Area Approach
Some respondents supported the sub-area approach and felt that it recognized the diversity amongst the City's neighbourhoods and provided increased local control. Others felt that all parts of the city should be treated equally; exceptions noted included the Granville Street Entertainment District and Davie Village. A number of respondents indicated that they thought Yaletown, Gastown and the West End commercial areas should be classified as residential, not mixed-use areas.
· Two-Tiered Licensing System: Standard & Extended Hours Licenses
Although some respondents supported the two-tiered licensing system, there were two camps that opposed it: those who thought that all establishments should have the same closing time, i.e. all establishments should automatically get later hours, and those who though there should be no hours of liquor service beyond 2 am.
· Hours of Liquor Service
There was no consensus with regard to closing hours, with respondents supporting closing times ranging between 1 am and 4 am. By some the proposed hours were viewed as a fair and rational way to distinguish between areas of the city, and that they addressed all possibilities. By others, longer hours were seen as encouraging excessive drinking and associated behaviours, and further stretching police resources.
· Impact Reduction Strategies
The implementation of impact reduction measures was strongly supported. It was felt that if extended hours were adopted, that they should be tightly controlled and heavily enforced. There were concerns that some of the issues such as noise on the streets are difficult to control or mitigate. It was also felt that the impact reduction strategies need to be in place before further extended hours are permitted
Industry consultation
Liquor Primary operators were invited to attend the public open houses held between February and July. In addition, staff met with Barwatch representatives and held an industry workshop to present proposed policy directions to operators. In summary, the general feedback received was that:
· Operators generally supported the opportunity for extended hours up to 3 am, but didn't want to dismiss 4 am as an option for the future.
· There was some concern that the City was over-regulating hours of liquor service, particularly as many felt that the 3 am roll-back had resolved a number of the issues.
· It was recognized by some that conditional approvals for extended hours were required to deal with problem operators and to make the initiative a success for industry and the City as a whole.
· There was concern that sub-area differences would create an "uneven playing field"; also that the boundaries of the areas would fall in such a way as to create different "time zones" on opposite sides of the street.
· There was some support for a standard closing time throughout the city to replace the proposed concept of sub-area hours; however, there was also acknowledgement that downtown and non-downtown areas are different.
City Experiences
City staff have been monitoring the extended hours since their inception in July 2003. During this time the Vancouver Police Department has adjusted its staffing levels to accommodate the extended hours. However, other than increased police resources, few impact reduction measures have been put in place due to the short-term basis of the extended hours.
Licensing Comments
During the interim policy period an average of 50 establishments have been using the extended hours. Permission for extended hours has been refused or limited on a number of occasions, typically due to Police reports concerning contraventions such as overcrowding and over-service. Where issues were adequately resolved, further approvals were typically issued on a month-by-month basis to allow monitoring.
Inspectors have found that Granville Street continues to be extremely crowded. This has resulted in problems with sidewalk congestion, occasionally resulting in pedestrians being forced onto the street. Crowding has largely been due to poorly controlled line-ups outside of some of the cabarets, groups of lingering people, and patrons smoking outside.
Noise continues to be an issue, particularly as some patrons leave establishments. Disruptive behaviour of patrons has been noted, including loud conversations and yelling, public drunkenness, public urination, and fighting.
Police Comments
Comments provided by the Vancouver Police Department are attached as Appendix C and include the following:
· Report from Deputy Chief Constable B. Rich
· Report from Liquor Co-ordinator Constable P. Ruschke
· Statistical analysis of calls for service in District 1
Health Department Comments
The Environmental Health Division of the Vancouver Coastal Health Authority has not experienced significant impacts due to the extension of liquor licensing hours of service. There have been minor increases in staff time outside regular work hours to respond to various concerns and perform routine inspections of these establishments which now in addition to staying open later, commence business later. If liquor hours of service are to be extended permanently, it is imperative that there be swift methods in place to deal with those premises that create noise problems. Given the noise concerns would be continuing later than present, the current method of prosecution, and the length of time to carry it out, will be even more unsatisfactory for those impacted.
Social Planning Comments
The Director of Social Planning strongly agrees that we need the ability to revoke approvals for problem operators and to address public safety and nuisance issues. However it is important to note that, in the research commissioned by Social Planning, restrictions on hours and days of sale have more research support and cost less than measures such as on-premise regulations and legal requirements. In considering future plans for hours of service, the Director of Social Planning believes that it is important to avoid creating situations which can only be mitigated by very expensive remedies and to assess the costs to the City, neighbours and at-risk populations before deciding on a course of action.
Impact Mitigations
In a report to Council on May 6, 2004, staff provided information on initiatives, either underway or under review, to mitigate issues related to later hours of liquor service. These including reduction of street litter, improved traffic circulation on Granville Street and regulatory changes concerning smoking rooms. Updates on these initiatives are provided below.
Street Litter
To address the increased litter associated with the later hours of liquor service, Sanitation Operations made operational adjustments to their nightshift street cleaning crews including shifting the time they clean Granville Street and use of hand carts on weekends. This arrangement is proving effective in the removal of the larger amounts of litter which accumulate during these extended club openings. In addition, new larger capacity litter receptacles are currently in the process of being installed. Over 50 units have already been installed in the downtown peninsula, most of which are on Granville Street.
It was also noted by the nightshift supervisor that on weekend nights the crews are often the subject of a fair amount of verbal abuse from 'late hour' members of the public that walk along Granville Street especially between Helmcken and Robson Streets.
Traffic Circulation
Issues identified on Granville Street as a result of the extended hours include traffic congestion and sidewalk crowding. Engineering has implemented changes to improve the flow of traffic, particularly on the 900 block of Granville Street, including:
· Moving the passenger zone from the east side to the west side of Granville Street and renaming it a taxi zone; and
· On the east side of Granville Street, creating a "no stopping" bus zone and lane along the entire block.
The changes have been in place since early August and to date have been well received.
Smoking Rooms
One of the problems experienced, particularly on Granville Street, has been one of sidewalk congestion. Having smokers gather outside of establishments has contributed to this congestion, as well as increasing interaction between patrons and non-patrons and creating issues regarding in-out privileges. It was hoped that incorporating smoking rooms into more liquor licensed establishments or allowing larger smoking rooms would help mitigate these issues. Vancouver Coastal Health should be reporting to Council by the end of November 2004, as a part of a larger package, three options for changes to smoking rooms:
· Status quo with respect to size but more direction with respect to design
· Increase in maximum size to 20% of floor area open and accessible to the public with no cap and more direction with respect to design
· Status quo with respect to size of room, with a proposed phase out of all existing rooms by the year 2008 or 2010.
CONCLUSION
This report provides a summary of information staff reviewed in developing policy to regulate hours of liquor service throughout the City, including research on other North American and European cities, research on alcohol-related policy, feedback from stakeholders and the City's experiences to date. In considering this information, it is apparent that there are both identifiable benefits as well as problems to extended hours of liquor service. It has been shown that given the appropriate tools, some of these problems can be resolved through improvements to the management of liquor licensed establishments, and to enforcement and regulatory practices. However, it should be noted that despite implementation of impact reduction measures, there will continue to be problems due to conflicts between land uses, behavioural problems of individuals, and long-term health and social issues.
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APPENDIX A
PAGE 1 OF 6
SUMMARY
Report on Hours of Liquor Service in Major Cities:
Experiences, Strategies and Key Messages for Vancouver
Cities in Canada, the United States, and other countries (England, Scotland, Germany, Denmark, Australia, and New Zealand) were examined to determine the experiences related to hours of service for liquor primary establishments (or the nearest equivalents). Focus was on the impacts of the establishments on the city (particularly related to later closing times), efforts by various regulatory bodies and stakeholders to minimize or eliminate nuisances, and what the City of Vancouver can learn from their situations.
Generally, a regional body issues licenses based on application criteria and recommendations from municipal governments, all under a liquor licensing act. Municipal governments are able to impose restrictions through by-laws, policies and guidelines (e.g. business licenses, zoning regulations). Enforcement of liquor licensing is done by liquor control inspectors (provincial, state or federal) and local police officers. There is a trend towards greater local control in the issuing of licenses and the enforcement of regulations, and a reduction in the types of licenses for on-premises consumption.
All of the cities studied experience a number of the same nuisances as a result of late hours of service, either directly from the establishments or from their customers. The most common issues are excessive noise, concentration & overcrowding of establishments, the en masse exit of customers at closing time, antisocial behaviour (lewd acts, vandalism, littering), insufficient transit options, stretched police resources, and conflicts between establishments and near-by residents.
Canada
Cities examined:
Calgary |
Toronto |
Edmonton |
Montreal |
Ottawa |
Halifax |
No province permits the service of alcohol as late as British Columbia (4 a.m.), but all allow it until at least 2 a.m. All cities had at least one entertainment district in the downtown core where there was a concentration of liquor primary establishments, which was a destination for mostly young people from the metropolitan area as well as tourists. However, none has the situation that Vancouver experiences are the neighbouring municipalities were not permitted to serve as late as the central city, thereby exaggerating migration and opportunities for disturbance.
Across the country there is escalating conflict between the patrons of late-night entertainment and urban residents (due to the trend to increase the residential population of downtowns), but only Montreal's situation appears to be as severe as Vancouver's. In most cities public transit does not accommodate the latest closing times.
U.S.A.
Cities examined:
Seattle |
New Orleans |
San Francisco |
Chicago |
Austin |
New York City |
Each state studied has a liquor control commission, though the bodies in Louisiana, Illinois, and Washington State are also responsible for tobacco control. The City of Chicago has local control via The Mayor's Licensing Commission and Local Liquor Control Commission. The widespread availability of alcoholic products in the United States means that there are more issues to deal with than liquor primary (or `on-sale') establishments. The liquor control organizations put great emphasis and resources into the enforcement component of all their divisions, and the enforcement agents are generally considered peace officers. Much effort is put into educating establishment operators and their staff and in maintaining communication, and agencies seem to impose penalties for infractions more swiftly and severely than in Canada.
Permitted hours of service vary from state to state, but for liquor primary establishments the standard hours are often 6 a.m. to 2 a.m. daily (though the majority of establishments don't make full use of them). Often cities over a certain population are granted more options than smaller municipalities, like the possibility for extended hours of service on weekends. Some of the cities studied are also world-wide tourist destinations with long-established entertainment centres.
As in Canada, the trend is to revitalize downtowns and make them an attractive place to live and work. Residents' associations and other citizen groups are advanced and active in attempting to deal with problem premises or prevent the approval of applications.
International
Cities examined:
London |
Copenhagen |
Edinburgh |
Sydney |
Berlin |
Auckland |
These cities were examined as they have (or had) hours of service as late or later than are permitted in Vancouver, and are often cited as examples of world-class cities that successfully implement the later hours. In all these locations there is a long tradition of heavy drinking, generally without the presence of minors (as opposed to the inclusive traditions of southern Europe). As in North America, establishments tend not to allow ample time between last call and closing, resulting in large crowds of mostly young, intoxicated young people converging on the streets.
To make city centres more attractive places for a range of people to reside, efforts have been or are being made in all these cities to lessen nuisances. Strategies include modernising and liberalising hours of liquor service, imposing or enhancing restrictions (e.g. land use, application process, premises design, and avenues for conflict resolution), and trying to move away from the dominant mono-culture (i.e. marketing to a limited demographic) prevailing in entertainment districts.
Strategies
A number of strategies have been implemented or considered in order to reduce negative impacts and to resolve conflicts between the needs of downtown residential populations and demands for expanded entertainment options. Cities are identified in brackets next to unique or innovative strategies implemented there; otherwise the strategies have been used or considered in several, if not all, locations.
Hours of service
· Solve the mass convergence onto the streets after closing and get people off the streets quickly by:
o Keeping the bars open longer
o Lengthening the time between last call and expulsion on to the street
o Staggering closures
Planning/Land Use
· Impose separation distances on nightclubs over a certain capacity [New York]
· Create another bar district (i.e. distribute night activities throughout the city centre)
· Reduce the concentration of licensed business establishments
· When considering late night entertainment outside the designated entertainment zones, allow it only in commercial zoning districts and areas with few residential neighbours
o Permit the establishment as a conditional use so that nuisance reduction provisions can be incorporated into the project design and operating practices [New Orleans; San Francisco]
· Create a more pedestrian-friendly city centre [Copenhagen]
Municipal Government/By-laws
· Revise the business licensing system or other regulatory tools to require businesses to operate responsibly and in compliance with fire, health, noise, land use and criminal codes (i.e. more club owner accountability for the impacts to surrounding neighbourhoods), whereby failure to comply with the plan can ultimately result in withdrawal of the license [Edmonton]
· Stronger noise ordinance and design requirements to reduce late-night sounds leaking from downtown clubs (e.g. Require noise limiters on music equipment and volume limits) [Berlin]
· Alcohol Impact Area (AIA): an area where restrictions on types of sales or hours of service are applied [Seattle]
· Good Neighbour Agreement (unique for each establishment): provisions that address security measures, occupancy limits, excluding problem persons from the premises, limitations on hours of certain types of alcohol service and working with the community and the city on crime reduction efforts
· Provide police with more power to deal instantly with disorderly behaviour (e.g. Anti-Fighting By-Law: a monetary penalty for a person who participates in a fight or other similar physical confrontation in any public place or any place to which the public reasonably has access) [Edmonton]
· Local Option Referendum (Vote Dry or Wet): a tool of last resort, which residents usually only attempt when all other efforts to get irresponsible liquor licensees to shape up have failed (can only be attempted prior to a General Election) [Chicago]
· Moratorium: a tool to freeze the number of existing liquor licenses in a specified area (restaurants may not be included in the moratorium ordinance) [Chicago]
· Nuisance Abatement Law (three arrests at a club could have it shut down) [New York]
· Create a local Entertainment Commission to promote the development of a vibrant entertainment and late-night entertainment industry, develop and recommend "good neighbour policies", and mediate disputes between persons affected by establishments and the operators of establishments [San Francisco]
· City's Accord with Licensed Premises (part of a Safe City Strategy): to reduce alcohol related crime and anti-social behaviour in and around licensed premises and to improve the perception of safety and appeal of the city, building on legislative requirements relating to the responsible service of alcohol and the use of security staff [Sydney]
Administrative Tools
· Stringent application process [Chicago]
· Establishments permitted to sell alcohol for on-premise consumption can have "standard hours" and "extended hours" [Austin; Chicago]
· Place of Public Entertainment license (POPE): for establishments permitting higher population numbers within the premise and especially where the consumption of alcohol is involved; the City has the ability to revoke or modify any approval issued for a POPE [Sydney]
Enforcement
· Crack down on overcrowding and over-selling in establishments [Calgary]
· Increase the number and visibility of police officers in the entertainment district
· Attempt to have every complaint investigated by liquor commission inspectors, undercover agents, and local police
· Allow Environmental Protection Enforcement Officers (or equivalent agents) to withdraw licenses following three to five successive infringements [Berlin]
· Hire off-duty police officers (paid detail) to patrol outside of their establishments on busy nights [Halifax]
· Make use of available enforcement and administrative powers to compel licensee compliance (or force the establishment out of business) [Seattle]
· Allow enforcement agents (inspectors) to issue tickets on the spot
· Let efforts by licensees to correct infractions reduce the fine/penalty [Seattle]
· Have a large and highly visible liquor control Enforcement Division where investigators may, in extreme cases, suspend or cancel a license without a hearing (some state liquor commission investigators are peace officers and are empowered to investigate and make arrests for violations) [Seattle, San Francisco, Austin]
· Implement a flexible range of sanctions on licenses, rather than an "all or nothing" approach [London]
· Impose high fines for noise pollution during designated `quiet times' [Berlin]
· Consult police for recommendations in the granting of licenses [Copenhagen]
· Develop common evaluation procedures and a reporting protocol to record detail of policing strategies that aim to address alcohol-related problems associated with licensed drinking locations [Sydney]
Communication/Collaboration
· Bar Watch Program: cooperative effort between licensed premises and City departments continues to emphasize good management through monitoring, training and information exchange (including a mandatory alcohol server training program) [Edmonton]
· Community Licensing Committee: representatives from all departments and agencies involved in the regulation of bar activity share information about problems and successful initiatives, but the Committee has no decision-making authority beyond the individual authorities of each participant [Edmonton]
· Community meetings: municipal assistance for local community members and licensees to resolve problems together (prompted at the request of neighbouring residents, local alderman/councillor, or local police district commanders) [Chicago]
· Hospitality Resource Panel: explores how local government, entertainment businesses, residents and developers can work together to promote responsible growth and maintenance of urban neighbourhoods [Seattle]
· Make extensive provisions for public consultation in the license application process
· Community Boards: neighbourhood government bodies hold public hearings and can vote to reject liquor license applications [New York]
· Implement a noise complaint and/or quality of life hotline run by the city [New York]
· Provide local residents with complaint forms via the Environmental Protection Agency, and require that the complaints not be anonymous [Copenhagen]
Key Messages
In reviewing the strategies implemented and the experiences of cities with later service several key messages arose, which are listed below. Cities are identified next to strategies that were deemed successful or what is recommended in reducing negative impacts; otherwise the recommendation or experience comes from several locations.
Hours of Service
· Hours of service are not the most important issue; it is how licenses and licensed premises are controlled, managed and regulated that is critical [London]
· When determining maximum hours of service be sure to consider police strength and enforcement resources available to monitor licensed premises and deal with drunk driving, crime and violence problems [Auckland]
· Hours of operation beyond 2 a.m. can be managed with proper monitoring of establishments and by maintaining communication between operators, enforcement agents and patrons [Halifax]
· 3 a.m. is deemed late enough for service of alcohol [Auckland; Montreal]
· More time to drink leads to more drinking and more nuisances [Montreal]
· Premises are more likely to be problematic if they have extended or 24-hour trading , but problems have been resolved by cutting back their hours of trading [Auckland; Sydney]
· Permitting extended hours for annual week-long festivals is a huge economic benefit [Toronto]
Planning/Land Use
· Appropriate hours depend on the type and location of licensed premises
· Prevent the `saturation' or a `mono-culture' of liquor primary establishments, and balance the needs of different segments of the population [London]
· Conflict between residents and late-night patrons will never go away (one can expect certain nuisances living downtown)
· Avoid allowing after hours clubs [Montreal]
Enforcement
· Quiet but thorough presence without intimidation (preventative measures) is effective in reducing disorderly behaviour in an entertainment district [Calgary]
· Hiring private security guards for establishments is not recommended by police because they may overstep their authority and become be a liability for the municipality [Halifax]
· Fast and costly measures in early stages forces licensee to implement best practice [Seattle]
· Liquor laws are a valuable tool in reducing alcohol-related incidents and harms associated with licensed drinking environments, and the enforcement of liquor laws can deter future offending [Sydney]
· Assistance by the state liquor commission to local law enforcement in comprehensive enforcement tactics reduces calls for police service and improves conditions in neighbourhoods impacted negatively by liquor stores and bars [San Francisco]
· Taking away an establishment's right to play music is an effective penalty for nuisance complaints [Copenhagen]
· Prosecuting bar managers for allowing intoxicated people on the premises is an important part of getting licensees to change their practices and to ensure public safety [Auckland]
· Frequent meetings between liquor control staff and licensees in non-conflict situations to build relationships and make compliance orders more bearable [Seattle]
· Principles of good practice in policing licensed drinking environments include policies in the following areas: licensing, establishment management, staff training and education, responsible service, premises design, responsible marketing, communication, community education, public transport, collaborative crime reduction, and enforcement [Sydney]
Administrative Tools
· Local control is more efficient and expedient in dealing with nuisances (e.g. the local liquor control commissioner may revoke or suspend any license and may levy a fine on the licensee for such violations) [Chicago]
· The best cure is prevention via a strict application process [Chicago]
Other
· Liberalisation needs to be part of a coordinated strategy that includes consideration of planning, noise pollution, health and safety, education and policing [London]
· The attitude of nightclub patrons, accessibility to weapons, and excessive alcohol consumption are major contributing factors to the escalating violence [Edmonton]
Notable extended hours of service experiences
Some cities have experimented with extended hours of operation, some are about to implement liberalised hours, and some prefer to maintain the same hours despite organized efforts to have them increased. Below are some recent experiences and developments.
San Francisco
· There has been a recent push to extend permitted hours of service from 2 a.m. to 4 a.m. for on-sales establishments with special after-hours permits located in areas already zoned for late-night operation. This movement is led by the San Francisco Late Night Commission (a group of industry stakeholders) with the support from some local elected officials. The movement was halted in February, 2004 as state legislation to allow for a later last call in San Francisco failed to make it out of committee at the state assembly.
New Orleans
· Parishes adjacent to Orleans Parish (New Orleans) experienced fewer nuisances when they rolled back hours of service from 24-hours to prohibiting sale of alcohol from 2 a.m. to 6 a.m.
London
· Licenses have traditionally been issued and regulations enforced by the Government, but the introduction of The Licensing Act 2003, to be fully implemented by 2005, now aims to modernise and liberalise procedures and regulations, including:
o Premises licences to incorporate operating conditions
o Flexible opening hours (potential for up to 24 hour opening 7 days a week)
o Personal and premises licences to be issued by local authorities
Edinburgh
· Licensing laws in Edinburgh were relaxed in the 1970s to attract tourists and to allow a more relaxed and responsible attitude to drinking (i.e. longer time to drink up & dispersed departures). Policing became more difficult and resources were stretched to maintain order as people wandered the streets longer. The Safer Edinburgh Project Team concluded that liberalisation had gone too far, `meeting the interests of the licensed trade and a small section of the drinking public at the expense of the wider community.' A campaign backed by the police, environmental health bodies, local crime prevention panels, and residents associations successfully reintroduced zone closing (earlier and uniform closing times within a specified geographical district). It is reported that since 1989 when late night opening hours began to be reduced there has been a 30% reduction in drink-related violence and disorder.
Auckland
· Following the Sale of Liquor Act 1989, which greatly liberalized the licensing law and allowed 24-hour licenses, the following impacts resulted:
o High levels of intoxication were associated with longer operating hours
o Longer hours had a considerable impact on local residents
o Police and other resources were stretched due to antisocial behaviour including crime and violence
o Migration to 24-hour licensed establishments occurred from all over the metropolitan area
Conclusion
The issue of hours of service for liquor primary establishments is timely and contentious in many cities around the world. It is difficult to weigh the benefits of increased hours against the negative impacts of these establishments on nearby residents and on society in general. The research shows that there are ways to reduce or eliminate nuisances while maintaining a thriving, diverse and safe entertainment component within a major city, but there is no simple solution. It requires much coordination, communication, consideration and foresight amongst several stakeholder groups to create a scenario that is suitable, or at least tolerable, for all.
o
APPENDIX B
PAGE 1 OF 14
Backgrounder on
ALCOHOL POLICY
Issues
Researched and Written by:
Art Steinmann, Addiction Prevention Specialist
Principle, Art Steinmann and Associates
Commissioned by:
Social Planning Department
City of Vancouver
June 2004
** Information in this report reflects the views of the author and does not necessarily reflect the official policy or position of the city of Vancouver Social Planning Department or other government bodies.
APPENDIX C
