September 23,1998
TO:Emergency and Protective Services Committee
FROM:Carol Ruddell-Foster, General Manager
Toronto Licensing Commission
SUBJECT:Procedure for Processing Amendments to the Licensing By-law
Recommendation:
That this report be received for information.
Background:
On September 8, 1998 Emergency and Protective Services Committee reports having:
1)referred the foregoing matter to the General Manager, Toronto Licensing Commission, the
Commissioner of Urban Planning and Development Services and the City Solicitor for a
report to the next meeting of the Committee to be held on October 6, 1998, advising how best
to deal with this and other such matters in the future and what the public consultation process
should be for amendments to By-law No. 20-85; and
2)requested that the local Councillors be informed when this issue is to be considered by the
Committee.
Prior to May 1998 proposals for amendments to the Licensing By-law were presented to a
Business Meeting of the Licensing Commission. Subsequent to the review and
recommendation of the Business Meeting the proposal was forwarded to the standing
committee and then on to Council. Only Council can amend the Licensing By-law.
The Commission maintained mailing lists for various license categories and these parties
would be advised when relevant matters were to be considered by the Business Meeting.
Occasionally, but not often, the Commission would advertise a proposed amendment.
Deputations to a Business Meeting were advised if a matter was proceeding to the standing
committee so that they could depute, if required, at the committee.
To a much lesser degree, proposals for possible By-law amendments were initiated at the
committee level and these were then referred to the Commission for review and
recommendation.
With the adoption of the restructuring of the Commission there is no facility for Business
Meetings. Council through the standing committee has full responsibility for all policy
matters including By-law amendments, proposals for By-law amendments may be generated
from two sources, either from communications or deputations to committee or from Licensing
staff based on their experience with the By-law or in response to requests from Members of
Council.
Unlike planning and land use legislation, there is no statutory requirement for processing
amendments to the Licensing By-law. The committee may develop its own procedures and the
following suggestions take into consideration the impact that some amendments may have on
a licensee's ability to earn a living.
Proposals being presented by staff should be accompanied by a substantive background report
and based on that information the committee may decide if they wish to proceed; if they wish
notification letters to be mailed out or if an advertisement is warranted.
When an issue arises at committee or correspondence goes directly to committee the
procedure in the past has been to refer the matter to staff for a report back to committee at
which time committee may decide to proceed. To expedite the matter the committee may wish
to establish the date when the report must return to committee and the date can then be
advertised or circulated.
In the development of background reports to support the development of new By-laws or
substantive amendments to existing By-laws, Licensing staff will undertake to consult with
the various stakeholders to understand the operation of the Industry and the potential impact
of any proposed regulatory requirements.
The City Solicitor has been consulted during the development of this report.
Conclusion:
Emergency and Protective Services Committee adopt the recommendation set out in this
report.
Contact Name and Telephone Number:
Carol Ruddell-Foster, General Manager
Toronto Licensing Commission
416-392-3070
________________________________
Carol Ruddell-Foster, General Manager
Toronto Licensing Commission
Reviewed by:
________________________________
Virginia M. West
Commissioner
Urban Planning and Development Services
CRF/dg
File:bylaw.amendment.eps
