December 21, 1998
To:Scarborough Community Council
From:Harold Bratten, P.Eng.
Director, Municipal Standards
Subject:VENDING IN ALBERT CAMPBELL SQUARE
Purpose:
The purpose of this report is to seek direction from Community Council for the continuation of vending in Albert Campbell
Square.
Financial Implications and Impact Statement:
No expenditures are expected as a result of this report and recommendations. The issuance of licences to vend in Albert
Campbell Square generates a licencing fee of $1,500.00
Recommendations:
It is recommended that the Director, Community Planning, East District be directed to make application to the Scarborough
Committee of Adjustment, under Section 45(2)b of the Planning Act, for a minor variance to permit retail vending in Albert
Campbell Square, and, upon approval of same by the Committee of Adjustment, the Manager, Municipal Standards, East
District be directed to renew the current vending licenses for the calendar year 1999.
Background/History:
On July 27, 1993, the Committee of Adjustment for the former City of Scarborough approved a minor variance application
to permit retail vending in Albert Campbell Square. In rendering its decision, the Committee stated the following reasons
for approval:
1.Retail vending is considered to be a use which is appropriate to and would form a vital part of a public town square.
Therefore, retail vending in Albert Campbell Square would make it a more active and lively place to be in. It was clearly
the intent of the original design of Albert Campbell Square to make it a focal point for the citizens of the City of
Scarborough which includes an active public town square with opportunities for retail vending.
In addition, in an effort to control street vending, the City of Scarborough is currently reviewing a licensing by-law for
retail street vendors. The licensing by-law would control numerous aspects of street vending including location, and size of
vehicles including canopy size.
Therefore, the inclusion of retail vending in a public town square is considered appropriate development of the land.
2.Retail vending in Albert Campbell Square would maintain the intent of the Official Plan and its policies as commercial
activities are permitted in the City Centre.
The variance was approved for a period of five years and has now expired.
Subsequent to the granting of the variance request, By-law 24415 as amended, being a by-law to regulate vending in and
conduct of persons using the Albert Campbell Square, was enacted on April 25, 1995. Under Schedule 'B" of the by-law, a
procedure was established for the granting and regulation of vending permits in Albert Campbell Square. Specifically of the
regulations include:
1.Food vending is limited to six permits comprising of two permits for Hot Dogs/ Sausages and Cold Drinks, two permits
for Ice Cream, and two permits for Confections.
2.Annual fee for permit - $1,500.00
3.Two million dollars liability insurance required.
4.Requirement that a vending licence issued by the Licencing Commission be obtained.
5.Requirement of compliance with Health Protection and Promotion Act.
With respect to food vending, a lottery was initially held on August 23, 1995. In response to the City's advertisement,
thirteen individuals took part. Two permits for Hot Dogs/Sausages and Cold Drinks were awarded and the requisite fees
paid. The Confections and Ice Cream permits were never issued. Of the two individuals who were awarded permits for Hot
Dogs, one utilized the Square regularly while the other attended periodically.
Another component of vending in Albert Campbell Square was the weekly Farmer's Markets. Based on to the nature of the
product sold as well as the number of venders and the once a week frequency, all farmers vending were accommodated
without need for a lottery. The farm vendors were referred from the Ontario Farm Fresh Marketing Association.
At this time, in addition to the current Hot Dog vendor, the Municipal Standards Division, East District is aware of one
other individual who has expressed interest in obtaining a licence and it's likely others might come forward upon
advertisement. The integration of Licensing with Municipal Standards however is likely to have an impact upon the process
and regulation of vending in the Square. Until this impact is known, additional lotteries are not recommended. For this
reason, it is recommended that the current licence holder be granted a renewal for 1999. Authority to renew without a
lottery is permitted in accordance with Schedule 'B', Section 4 (3) of the by-law.
Justification:
By-law 24414, as amended, regulates vending in the conduct of persons using the Albert Campbell Square.
Contact Name:
Bryan Byng, District Manager
(416) 396-7071
(416) 396-4266 Fax Number
byng#u#b@city.scarborough.on.ca
Harold Bratten, P.Eng.
Director, Municipal Standards
Urban Planning and Development Services
BB
