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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. -1- (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. -2- (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. -3- 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. -4- 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. -2- 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.