Even city hall doesn’t know reason for restaurant patio occupancy limit
London’s formula for calculating the maximum size of patios outside restaurants and bars is so longstanding that city staff are perplexed about its original intent.
On Monday, the Planning and Environment Committee (PEC) discussed permanently loosening municipal rules on patios that helped many restaurants and bars survive the pandemic.
However, a zoning bylaw that restricts the size of restaurant and bar patios will remain in place until city staff can do more research.
Currently, patios are limited to 50 per cent of the indoor capacity of the restaurant/bar, or 50 people — whichever is greater.
The zoning bylaw applies to both seasonal and permanent patios.
Coun. Stephen Turner asked staff why the limit was set at 50 per cent or 50 people.
Coordinator of Municipal Compliance Nicole Musicco replied that the decision predates her time working at city hall.
Twenty-one year city hall veteran Chief Building Official Peter Kokkoros admitted that he was also stumped.
“Similar to Ms. Musicco, that preceded my time at the city,” he told councillors on the committee. “It’s more hearsay than actual policy that I’ve come across.”
Kokkoros suggested, “During the summer months, that perhaps, half of the capacity of the indoor space was not really utilized, most people would prefer to sit outside, and therefore the inside would have potentially 50 percent less capacity than during the winter months.”
“I have concerns about it,” explained Turner. “There may very well be a reasonable explanation for why that number was chosen, but it seems arbitrary. It seems like it has the opportunity to be modernized.”
PEC members recommended council direct staff to research the rationale behind the limit and recommend an update to the zoning bylaw.
The committee did recommend providing new flexibility to seasonal patios temporarily set up in parking lots.
Alcohol and Gaming Commission of Ontario (AGCO) rules restrict temporary operation to eight months of the year.
The committee recommended lifting the mid-March to mid-November dates, allowing each establishment to choose its own eight month period.
The capacity would be set at 1.11 square meters per person, in line with the AGCO.
Council will consider the changes at its meeting on Oct. 17.
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