Sidewalk patios in New West may soon have the same operating hours — whether they’re on private or public property.
At its March 10 meeting, council voted 6-0 in support of three readings to a street and sidewalk patio amendment bylaw, which will align the closing hours of patios on private and public property. In a report to council, staff recommended the city remove the specified closing time for patios located on public property.
Jennifer Miller, acting director of community services, said two existing businesses would be impacted by this change, as would any future patios that open at liquor primary establishments.
A staff report said the city’s noise bylaw will continue to be available as an enforcement tool for situations negatively impacting residents.
“The intent of this change is to create more consistency for patios, encourage activation in commercial areas, and support local businesses while also protecting nearby residents’ peaceful enjoyment of their homes,” said the report.
In the city’s bylaw, the closing time for liquor primary and manufacture-related patios located in industrial areas is 11 p.m. and the closing time for liquor primary establishments in commercial zones is 10 p.m.
“Bylaws staff have indicated that relatively few complaints have been received over the years with respect to noise emanating from patios,” said the report. “Staff have worked closely with those establishments that have generated complaints to remedy the situation, on a case-by-case basis.”
A staff report stated that under the proposed bylaw change, three local establishments would be able to apply to Liquor and Cannabis Regulation Branch for a change of hours for their patios, which are located on public property. This includes two liquor primary establishments (Judge Begbie’s Tavern at 609 Columbia St. and River’s Reach Pub at 320 Sixth St.) and one manufacturer (Steel & Oak Brewing Co. at 1319 Third Ave.).
Changes to liquor licences require approval from the province through the Liquor Control and Licensing Branch.
Staff recommended that the closing times of patios on public and private property be aligned for several reasons. This includes the fact that most municipalities have the same closing time for patios on public and private property, the limited concern or calls for service to the city related to patios, and the recognition of the city’s desire to activate commercial areas.
During the COVID-19 pandemic, the city updated its patio bylaw, which had been developed in the 1990s. As part of that update, the city extended the closing time for liquor primary and manufacturer-related patios in industrial areas from 10 to 11 p.m.; the closing time for patios in commercial areas remained at 10 p.m.
In May 2023, council directed staff to seek opportunities for all patio service hours to be extended to 11 p.m. as part of the city’s liquor licence review. While staff were unable to do the liquor review in 2024 because of staff challenges, a temporary policy allowed licensed establishments to remain open until 11 p.m.; that policy expired on Nov. 1, 2024.
At Monday’s meeting, council unanimously voted 6-0 in support of the amendment to the street and sidewalk bylaw. Coun. Paul Minhas, who owns Judge Begbie’s Tavern, recused himself from the discussion because of a conflict of interest.
Coun. Daniel Fontaine supported efforts to make the bylaws more uniform and to encourage more street activation through patios.
“Pretty soon, we're going to be right into patio season,” he said. “The timing on this is very good to be able to support our local enterprises and to encourage them to keep their patios open, and hopefully they'll all be full and full of tourists and full of local folks throughout the summer season and beyond.”
