HomeMy WebLinkAboutBy-law 3859/91THE CORPORATION OF THE TOWN OF PICKERI~G
~y-LAW 3859/91
Being a by-law to adopt an Alcohol Management Policy
for Town-owned facilities, to be effective January 1,
1992.
WHEREAS, pursuant to the provisions of paragraph 208.57 of the Municipal Act, R.S.O. 1980, chapter
302, as amended, the Council of The Corporation of the Town of Picketing may pass by-laws for,
amongst other things, managing ~arks, athletic fields, places of recreation, arenas, auditoriums and
community recreation centres within the municipality; and
WHEREAS the Council of The Corporation of the Town of Pickering deems it appropriate for the better
management of such facilities to adopt an Alcohol Management Policy applicable thereto;
NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY ENACTS AS
FOLLOWS:
The Alcohol Management Policy dated June 1, 1991, and attached hereto as Schedule A is
hereby adopted.
The Policy shall be administered by the Department of Community Services and Facilities.
The Policy shall become effective on January 1, 1992.
BY-LAW read a first, second and third time and f'mally passed this 7th day of October, 1991.
Wayne Ar~rsl M~yo~-
TOWN OF
PICKERING
APPROVED
TO FORM
ESAL SERVICES
THE CORPORATION OF THE TOWN OF PICKERING
DEPARTMENT OF COMMUNITY SERVICES AND FACILITIES
ALCOHOL MANAGEMENT POLICY
JUNE 1, 1991
PURPOSE
The purpose of this policy is to endeavour to ensure the
appropriate management of the use and consumption of
alcoholic beverages in municipally-owned facilities, to
avoid related problems and to ensure the safety and
well-being of all participants and to protect the
Corporation, its employees and volunteers.
DEFINITIONS
In this Policy, the term,
(a)
"licensed function' means a function for which a
permit has been issued by, or is otherwise
licensed by, the Liquor Licence Board of Ontario
at which alcoholic beverages may be consumed;
(b)
"closed private licensed function" means a
licensed function determined by the Director to
be closed to the general public and of a private
nature;
'designated facility' means a Town-owned
building, park, open space and associated parking
lot designated by this Policy as suitable for an
indoor or outdoor licensed function;
(d)
"user" means a person, group or association to
whom the Town has granted written permission to
use a designated facility for a licensed
function; and
"Director" means the Town's Director of Community
Services and Facilities, or the Director's
designate.
DESIGNATED FACILITIES
(1) The following are designated facilities for
indoor licensed functions:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(J)
(k)
(1)
(m)
Brougham community Centre,
Claremont Community Centre,
Don Beer community Centre,
Dr. N.F. Tomlinson Community Centre,
East shore Community Centre,
Green River Community Centre,
Greenwood Community Centre,
Mt. Zion Community Centre,
Picketing Civic Complex,
Picketing Recreation Complex,
seniors Centres,
West Shore community Centre,
Whitevale Community Centre.
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(2)
The following are designated facilities for
outdoor licensed functions:
(a)
(b)
(c)
(d)
Claremont Park,
Dunmoore Park,
Kinsmen Park,
Ontario Hydro Park.
3e
SAFE TRANSPORTATION
(1)
Only users implementing a safe transportation
strategy (eg., a designated driver programm%e, an
alternate home transportation option) to prevent
intoxicated participants from driving will be
permitted to use designated facilities for
licensed functions.
(2)
The Director may require a potential user to
demonstrate that such a strategy will be
implemented by the user if written permission to
use the designated facility for a licensed
function is granted.
NO ALCOHOL AND LOW ALCOHOL DRINKS
(1)
Only users offering a sufficient quantity of no
alcohol and low alcohol drinks will be permitted
to use designated facilities for licensed
functions.
The Director may require a potential user to
demonstrate that such a quantity of no alcohol
and low alcohol drinks will be provided by the
user if written permission to use the designated
facility for a licensed function is granted.
"STATEMENT OF INTOXICATION" SIGN
(1)
Users of designated facilities for licensed
functions shall display prominently in the
facility a sign or signs indicating that it is
illegal to serve participants to a state of
intoxication. Such signs shall read as follows:
Town of Pickering Department of Community
Services and Facilities
Statement of Intoxication
It is contrary to the Liquor Licence Act of
Ontario to serve persons to intoxication. For
this reason, servers in this facility are
required to obey the law and not serve anyone to
intoxication, should you wish a no alcohol or
low alcohol "breather" round, request a soft
drink, coffee, or smaller than usual portion of
alcohol.
(2)
signs shall be provided by the Town to users for
display by them in the designated facility during
the licensed function.
PARTICIPANT CONTROL
(1)
Only users providing sufficient controls to
prevent underage, intoxicated or rowdy persons
from entering the designated facility, to refuse
service to such persons, and to remove such
persons from the designated facility will be
permitted to use designated facilities for
licensed functions.
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(2) Such controls shall include the following:
(a) having a supervisor in charge of the licensed
function present in the designated facility
at all times during the function;
(b) having at least two monitors at each entrance
to the licensed function at all times during
the function;
(c) accepting only an age of majority card, a
photo driver,s licence or a passport as
identification for entry;
(d) having a monitor or monitors (other than
entrance monitor) in the designated facility
at all times during the function, at least
one monitor for every 200 participants;
(e) using monitors and servers who are 19 years
of age or older;
(f) using monitors and servers who do not consume
alcohol during the function; and
(g) providing a list of the names of supervisors,
monitors and servers to the Director prior to
the function.
(3)
The Director may require a potential user to
demonstrate that such controls will be imposed by
the user if written permission to use the
designated facility for a licensed function is
granted.
(4)
closed private licensed functions are exempt from
this section of the Policy; however, users of
designated facilities for closed private licensed
functions shall be encouraged to impose
voluntarily the controls set out above since they
are not exempt from responsibility for compliance
with the law and for the sobriety and safety of
participants.
SUPERVISOR, MONITOR AND SERVER TRAINING
(1)
(2)
(3)
(4)
Only users providing sufficient numbers of
supervisors, monitors and servers that have
attended an appropriate training course in server
intervention will be permitted to use designated
facilities for licensed functions.
Such training should utilize the Addiction
Research Foundation course material, and may be
provided, at reasonable cost, through the
Department of Community Services and Facilities.
The Director may require a potential user to
demonstrate that sufficient numbers of
supervisors, monitors and servers that have
attended such a course will be provided by the
user if written permission to use the designated
facility for a licensed function is granted.
closed private licensed functions are exempt from
this section of the Policy; however, users of
designated facilities for closed private licensed
functions shall be encouraged to provide
voluntarily properly trained supervisors,
monitors and servers since such users are not
exempt from responsibility for compliance with
the law and for the sobriety and safety of
participants.
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INSUI~,NCE
only users having a minimum of $1,000,000 third
party general liability insurance coverage,
naming 'The Corporation of the town of Picketing'
as a co-insured, will be permitted to use
designated facilities for licensed functions.
(2)
The Director may require a potential user to
demonstrate that such insurance coverage is in
place before written permission to use the
designated facility for a licensed function is
granted.
ACCOUNTABILITY
(1)
Users of designated facilities for licensed
functions shall display prominently in the
facility a sign or signs informing participants
of the following:
(2)
(a)
the name, address and telephone number of
the user;
(b)
the name, address and telephone number of
the representative of the user
responsible for the function;
(c)
the address and telephone number of the
nearest Police Station;
(d)
the address and telephone number of the
Liquor Licence Board of Ontario; and
(e)
the address and telephone number of the
Department of Conununity Services and
Facilities.
A user that contravenes any Town policy or
procedure or any applicable law may be refused
permission to use designated facilities for
licensed functions, at the Director's discretion9
(a)
(b)
indefinitely, or
until the user can demonstrate to the
Director's satisfaction that a further
contravention shall not occur.
10.
PROMOTING THE POLICE
The Department of Community Services and Facilities shall
design and implement, in consultation with the Addiction
Research Foundation, a strategy to orient all potential
users to the requirements of this Policy and to promote
this Policy to the community at large.
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THE CORPORATION OF THS TOWN OF PICKERING
DEPARTMENT OF COMMUNITY SERVICES AND FACILITIES
ALCOEOLMANAGEMENT POLICY
June 1, 1991
COMMENTARY
This commentary sets out the rationale for this Policy
and does not form part of the Policy.
The selection of the designated facilities reflects the
status quo.
Green spaces and most parks are omitted from the facilities
designated as they are considered family areas. The Liquor
Licence Board of Ontario (L.L.B.O.) reports that most
complaints it receives concern licensed functions in such
areas; in addition, outdoor functions are the hardest to
control.
SAFE TRANSPORTATION
The greatest risk of liability is viewed as the impaired
driver leaving an alcohol-related event.
suggested strategies include:
- designated driver programme to be advertised at function
- designated drivers to be identified to servers and
monitors
- designated drivers to receive free or low-cost
non-alcoholic drinks
- intoxicated persons to be driven home by sober friends;
cars stored
- intoxicated persons to take taxis home; cars stored
- seek police assistance when necessary
NO A/~OEOL AND LOW ALCOHOL DRINKS
Non-alcoholic and low alcohol drinks help prevent
intoxication by promoting moderate consumption, by reducing
the amount of alcohol consumed and reducing the possibility
of intoxication occurring.
Liquor Licence Act regulations require that a variety of
brands be offered and that lists or signs are prominently
displayed indicating varieties of non-alcoholic beverages
for sale and prices.
Non-alcoholic and low alcohol drinks permit servers to
provide a substitute for participants who need or request a
"breather" round.
"STATEMENT OF INTOXICATION SIGN"
The law is - to serve someone to intoxication is a
provincial offence.
Signs will provide authoritative support to servers and
monitors who must control over-indulgent consumers.
Signs indicate that & standard has been conununicated
representing both the law and Town policy.
The message is consistent with the L.L.B.O. application
which states that "the Holder of the special Occasion
Permit and the Hall Owners are responsible for the safety
and sobriety of the people attending the event".
PARTI~IP~T ~ONTROL
The law is - occupiers must protect participants from
foreseeable harm.
In addition, police can be called to assist supervisors,
monitors and servers in managing intoxicated or rowdy
participants.
SUPERVISOR, MONITOR AND SERVER T~AXNING
Reducing the risks of litigation requires policies,
procedures, recruitment, training and supervision.
The training proposed is consistent with the
reconunendations of provincial "Report of the Advisory
Committee on Liquor Regulations (February 1987)" that
persons who serve liquor receive servers training.
The Addiction Research Foundation server training programme
has been endorsed by the Ministry of Consumer and
Conunercial Relations and parts of it are now used as part
of the L.L.B.O. orientation programme for new hotel
licensees.
There is an obligation on the Town to inform persons of the
potential risks associated with operating alcohol-related
events and how to reduce such risks.
INSURANCE
Persons, groups, associations (and their executives and
members) using facilities and the facilities' owners all
risk being named in litigation resulting from
alcohol-related events.
Because the ToWn, as an owner, may be held jointly liable,
the Town may have to pay a substantial portion of any
award, especially where the co-defendants are not insured.
ACCOUNTABILITY
Persons with complaints respecting an event often have
difficulty knowing to whom to address their concerns.
Licensed functions are seldom inspected by Liquor Licence
Act inspectors and their location is not listed in the
telephone directory.
Timely receipt of complaints could facilitate early
correction of potentially risky situations.
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Non-complying users should have a penalty consequence since
their actions result in an assumption of risk and the
expense of defending continued licensing to the L.L.B.O.
10. PROMOTIN(~ THE POLICY
Without ~ publicity campaign, the Policy will have limited
impact on conm~unity behaviour.
Most people are law-abiding and will comply with rules if
adequately informed.
Public receptivity to such a policy has been positive in
other municipalities.