Licensed Boulevard Cafe Fences

(Trinity-Niagara)

The Toronto Community Council recommends that:

(1) the City of Toronto request that the Province of Ontario amend the appropriate provincial regulations to establish a common minimum height for licensed boulevard cafe fences of 36 inches;

(2) the City of Toronto further request that the Province of Ontario instruct its inspectors to suspend enforcement of orders against licensees whose fences meet the City's standards but not those of the province until a common minimum height for licensed boulevard cafe fences is established; and

(3) City officials take appropriate action to give effect thereto.

The Toronto Community Council submits the following joint communication (May 18, 1998) from Councillors' Pantalone and Silva:

Current provincial regulations require that licensed establishments enclose any outdoor area in which liquor is served i.e. a boulevard café, with a barrier no less than 42 inches in height. City of Toronto by-laws require such barriers to be at least 36 inches high. Moreover within 30 metres of an intersection such fences cannot exceed 36 inches in height, by City by-law. As a result, owners complying with City of Toronto's standards may be subject to provincial fines or work orders.

Recommendations:

(1) The City of Toronto request that the Province of Ontario amend the appropriate provincial regulations to establish a common minimum height for licensed boulevard café fences of 36 inches;

(2) The City of Toronto further request that the Province of Ontario instruct its inspectors to suspend enforcement of orders against licensees whose fences meet the City's standards but not those of the province until a common minimum height for licensed boulevard café fences is established; and

(3) City officials give effect thereto.