Municipal Alcohol Policy - Did you know we have one?

By Staff

December 12th, 2021

BURLINGTON, ON

 

To be Approved by Council on: December 14, 2021

The purpose of the Municipal Alcohol Policy (MAP) is to define the conditions for the service and consumption of alcohol for Special Occasion Permit (S.O.P) Events which occur on City of Burlington property. The policy outlines the additional requirements beyond those set by the Alcohol and Gaming Commission of Ontario (AGCO) through the issuance of a S.O.P.

Policy Statement:
The Municipal Alcohol Policy is designed to support responsible alcohol service and consumption in an effort to reduce corporate exposure to risk.

The City of Burlington is under no obligation to approve a request to use city property even if the AGCO issues a S.O.P and may impose additional restrictions deemed appropriate for the responsible alcohol service and consumption on City property.

Background:
In 2017, Halton Region and the Halton Regional Police Service introduced a Community Safety and Well-Being Plan. The Plan sets out how community partners work together to improve the health, safety and well-being of Halton residents. Harmful alcohol use has been identified as a key issue and priority. The Alcohol Action Table was struck in 2018 to develop an evidence-based and comprehensive plan to mitigate alcohol harm.

As a municipality within Halton Region, the City of Burlington is aligning its MAP with the goals and objectives of Halton Region’s Alcohol Action Table to model responsible consumption of alcohol on municipal property.

Scope:
The scope of this policy applies to all City owned and operated Facilities.

This policy does not apply to facilties operated by local boards of Council nor to any school board properties that the City allocates space for under the Reciprocal Agreement.

Definitions:
For the purpose of this policy, unless otherwise stated, the following definitions shall apply:

Term Definition
Alcohol A product of fermentation or distillation of grains, fruits or other agricultural products, and includes synthetic ethyl alcohol.

Alcohol and Gaming Commission of Ontario (AGCO) The provincial regulatory agency responsible for administering the Liquor Licence Act and specific sections of the Liquor Control Act (LCA), which together, with the regulations made under them establish the licensing and regulatory regime relating to the sale and service of alcohol in Ontario.

City Staff Those employed by the City of Burlington who are identified by the City as the contact for either MAP purposes or the facility or premises in question as the context requires.

Term Definition
Corporation The Corporation of the City of Burlington.
Designate An employee, agent, servant, representative, partner or other individual designated by the S.O.P Applicant to manage the Event or to ensure compliance with the Event Organizer’s responsibilities under the MAP.

Event Any public or private occurrence requiring a Special Occasion Permit and occurs on City property.
Contract Holder Any person or organization applying to hold an Event at a facility and includes the person or organization on whose behalf such persons apply or seek permission to hold the Event.

Facility/Facilities A City of Burlington building, park, roadway or other municipal location that is owned and operated by the corporation.

Facility Rental Contract A city issued document, signed by the applicant under which the S.O.P Holder is permitted to host an Event on City property, subject to such terms and conditions as may be required by this MAP and the Standard Operating Procedure.

Licensed Area The area identified in the City of Burlington contract where alcohol will be allowed to be in possession by the contract holder, as per the conditions of the permit(s) and S.O.P.

Liquor License Act (LLA) Outlines the laws regarding the sale and service of alcohol in Ontario.

Term Definition
Municipal Significant Event An Event which is designated by the City of Burlington as an event of municipal significance.
Special Occasion Permit (S.O.P) A permit issued by the Alcohol and Gaming Commission of Ontario or Registrar of Alcohol and Gaming. The S.O.P authorizes the holder to sell or serve alcohol on a prescribed special occasion.

S.O.P Holder The person whose name is identified on a Special Occasion Permit and may also be the holder of the Catering Endorsement. Where this term is used it also includes his/her Designate.

Standard Operating Procedures A document outlining the requirements to host a licensed event on City property.

Principles:
The following principles are taken into consideration to determine when and where to allow for alcohol consumption on City of Burlington property:

1. Alcohol is consumed at many occasions and is socially acceptable and sometimes expected as a service option.
2. There is a way to ensure responsible consumption of alcohol, limiting the health and safety impacts to the community.

Two drinks at a time.

Conditions:
1. Alcohol Service
In addition to the conditions outlined by the AGCO under the LLA the following provisions for the serving of alcohol must be adhered to:

a) A maximum of two (2) drinks may be served to an individual at any one time.
b) Alcohol shall not be left available for self-serve.

c) Adopt volumetric pricing across all beverage types and strengths (higher alcohol content products priced higher; lower alcohol content beverages priced lower; alcohol-free beverages considerably lower).

d) Food and non alcoholic beverages must be available at all times.

e) Event will sell and serve alcohol only between noon and 11 p.m. for outdoor events, and noon to 1 a.m. for indoor events.

f) The service area(s) from where alcohol is being served and consumed is secured on all sides by a single fence or wall a minimum of three feet tall and included on the site-plan. Any exceptions such as the use of natural barriers will require approval from the City’s Special Events Team.

g) There will be no “Last Call” promotion.

h) No drinks will be served to the public in glass containers.

2. Advertising and Signage
In addition to any signage requirements by the AGCO under the LLA the following must be adhered to:

a) No advertisements promoting liquor prices may be placed outside the Licensed Area.

b) Signage as required by the Corporation and outlined in Standard Operating Procedures will be displayed in the Licensed Area.

c) Event names which convey the message that drinking is the principal activity or the purpose of the Event are not permitted.

3. Insurance & Indemnification
In addition to compliance with all federal, provincial and municipal laws, Events must comply with all requirements as outlined in the Operating Procedures by the Corporation. A minimum of $5 million insurance in addition to security is required when alcohol is at an event.

An Event Contract may be revoked at the sole discretion of the City if the S.O.P Holder does not comply with all terms and conditions of the Event Contract and MAP. The City will not be subject to any claim for damages that the Permit Holder may advance as a result of the cancellation. City staff may randomly monitor Events.

References:

• Liquor License Act (LLA)
• Municipal Alcohol Standard Operating Procedures
• Zero Tolerance Policy

Roles:
City Council shall:
• Approve the MAP.
City Staff from Recreation, Community and Culture representing Festivals and Events, Sport and Customer Service shall:

• Review applicants documents and make recommendations to the City Clerk that the event be deemed as a Municipal Significant Event.

City Staff from Recreation, Community and Culture and Roads Parks and Forestry operation staff shall:
• Ensure on site compliance with MAP during an S.O.P event and intervene when there is non-compliance.

Kevin Arjoon: City Clerk has delegated authority to declare events.

City Clerk shall:
• Have delegated authority to declare events of Municipal Significance.

Director of Recreation, Community and Culture (or designate) shall:
• Have final decision over any matters in question related to the MAP.

Accountable:
City Staff representing areas for Organized Sport, Arts and Culture, Festivals and Events and Recreation Services are accountable for the adherence and direct administration of the MAP.

The Manager of Community Development Services is accountable for the annual review and execution of the MAP process.

 

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