Recommended Amendments to Zoning By-laws for Bars, Restaurants and Entertainment Venues
This month, I received hundreds of emails sharing concerns about the night time economy and the provision of nightclubs in City Council Item PH8.2. Thank you to all who reached out to share their concerns about the proposed by-law and regulation changes that were considered at the Planning and Housing Committee meeting on November 29, 2023 and considered by City Council on December 13–15, 2023.
These proposed changes are the result of the Night Economy Review. This review is a City initiative to support and enhance the Night Economy in Toronto by modernizing Toronto’s zoning, licensing and regulation for businesses such as restaurants, bars, and entertainment venues operating at night. The most frequent concerns we have heard from residents are about the changes which will allow nightclubs to open outside of downtown Toronto, and how that may affect their neighbourhood.
Currently, the by-laws regulating this industry create confusion for both businesses and by-law enforcement. The existing by-laws are a patchwork assembly from pre-amalgamation municipalities, and many of the bylaws for modernization are out of date, originally put in place in the 1980s or earlier.
The new framework proposes licensing and zoning regulations that are clear, standardized, enforceable, and better reflect the nightlife in Toronto. These changes also reflect feedback from restaurants and bars, BIAs, artists and producers, music venues, residents’ associations, and residents through consultation and review that has been underway since 2018.
The most frequent concerns we have heard from residents are about the changes which will allow nightclubs to open outside of downtown Toronto, and how that may affect their neighbourhood.
Today, businesses across the City are illegitimately operating as nightclubs – “premises used to provide amplified music for patron entertainment and dancing and where food and beverages may be offered” – outside of downtown. When residents and neighbours of these businesses have concerns about impacts on their neighbourhood (like noise, safety, harm reduction, etc.) it can be challenging to enforce our current by-laws due to the hodgepodge and confusing nature of the existing regulatory framework.
While the proposed changes would allow nightclubs to open legitimately in more areas across the City, those nightclubs would be appropriately classified and regulated, with more stringent requirements that are more easily enforced.
Additionally, while nightclubs will be allowed in mixed-use residential areas they will be subject to the following conditions:
They will only be permitted in non-residential buildings. If a building contains a single residential unit, a nightclub cannot operate there;
They must be located on the ground level;
If located within 6.1 meters of a residential zoned area, they will be restricted in size
To prevent bunching, a maximum of 1 nightclub in any one building; a stripmall cannot contain multiple venues licenced as nightclubs;
A licensing requirement that requires the submission of and compliance with a “Level 2 Noise Control Plan” which will involve review by sound engineers and City Staff.
With this criteria in mind, much of Lakeshore Boulevard would not be eligible, as they are storefronts with residential buildings on top.
We have also heard concern with regards to venues being allowed to remain open until 4am.
This is only allowable through the provision of a special permit. A different permit application must be submitted, reviewed, and approved for each instance where a venue stays open later than the standard 2AM close time.
In March and April 2023, the City conducted extensive engagement via an online survey, targeted focus group meetings, city-wide consultation and opportunity to provide additional feedback. Most survey respondents (80%) agreed that nightclubs should be permitted outside the downtown core. Here is a link for more information: Night Economy Review – City of Toronto. Please note that while they chose to remain anonymous, an Etobicoke-area residents association participated in the consultation.
Between Planning and Housing Committee and December 2023’s City Council meeting, I worked with Planning staff to explore amendments to this item to ensure further consultation and review on this specific policy area of the Night Economy Review,
This amendment would give residents the opportunity to voice their concerns and address specific zoning policy gaps. The amendment reads as follows:
City Council direct the Chief Planner and Executive Director, City Planning, to initiate a review of zoning regulations, including community consultation and engagement, for nightclubs on Lake Shore Boulevard West between Palace Pier Court and Forty Third Street, and report back to the Etobicoke York Community Council by Q4 2024.
I am happy to share that my amendment passed at Council, and additional engagement will be scheduled in 2024 for Ward 3 residents.
In addition, City staff are hosting a hybrid Town Hall on January 17 (learn more here), and continuing to work with businesses to prepare for the by-laws to change as of January 1, 2025. I will keep you updated regarding opportunities for further consultation.
Read the full Council item here.
