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Pubs hopeful ban on boulevard patios won't be forever

Fifth Street Bar and Grill and Cook Street Village’s Beagle Pub have been told they must remove their boulevard patios by the end of May
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Boulevard patio at Fifth Street Bar and Grill must be removed by the end of May. DARREN STONE, TIMES COLONIST

Two neighbourhood pub patios in Victoria are set to close by the end of May, but the City of Victoria has left open the possibility they could return in some form at a later date.

The boulevard patios set up by the Fifth Street Bar and Grill in the Quadra-Hillside neighbourhood and Beagle Pub in Cook Street Village will have to close by May 31 due to a city patio bylaw, adopted last month, that precludes the use of softscape boulevards for patios.

That will mean a hit to the bottom line for the two affected venues, which have been pushing to keep their patios.

Bart Reed, co-owner of the Beagle Pub, said in his case, the boulevard “patio” is just four picnic tables with room for about 16 patrons that sit on what in the winter becomes a muddy mess near the corner of Cook Street and Oxford Street.

“It makes a real difference to the spirit of the village, which of course encourages people to come down and enjoy,” he said. “And besides it’s only Fifth Street and us and it’s not like it’s main-street frontage. It’s side-street derelict that we’ve both improved. It’s hard to imagine anyone being upset about it.”

Reed said outdoor spaces now account for 20 per cent of the pub’s business, so he’s hopeful council follows through on finding a way to bring back the patios. “If we don’t have outdoor seating, that is definitely going to hurt us.”

He says the city’s decision to open up patios for everybody was a “great thing.”

“They did a great job and Victoria has now been trained and is enjoying being outside on patios.”

The rules for the use of boulevards had been temporarily suspended when the city introduced the Business Recovery from Pandemic Bylaw and related Build Back Victoria program, which permitted patios so businesses could meet pandemic-related social distancing requirements.

That program, which had been extended twice before expiring at the end of March this year, was designed to help with economic recovery as the pandemic started to wane and restrictions were relaxed.

The program was very popular, with more than 36 patios established around the city during the pandemic, most of them along sidewalks or in parking spaces in front of businesses. Two were set up on boulevards.

With business getting back to normal, the city adopted the Patio Regulation Bylaw in March, with an eye to maintaining some of the vibrant street life created during the pandemic through patios, while protecting the integrity of public spaces.

The Patio Regulation Bylaw allows eligible businesses to apply for either simple temporary patios to be set up daily, or complex patios with semi-permanent structures. There are options for seasonal and annual licences.

The complex patios can be operated on sidewalks, in select plazas and parks, or on roadways, while simple patios are limited to sidewalks, plazas and select parks.

The bylaw also includes an inspection process to ensure safety and accessibility, but does not allow patios on softscape boulevards. According to city staff, when patios are built on landscaping, they destroy it.

Fifth Street declined to comment, but an online petition it started two years ago to “save the patio” has collected nearly 4,000 signatures.

A motion passed after the patio bylaw’s adoption directed staff to consider use of boulevards as they review the bylaw over time.

“It’s not going to solve the issue for the handful of businesses right now that’ll have to remove their tables and chairs and whatnot from boulevards, and that’s unfortunate, but at least we can signal to the public they might come back in the future,” said Coun. Jeremy Caradonna.

“I’m mindful of the fact that we don’t want to be privatizing public space, but I think when it comes to things that have a clear public benefit, there’s a space for that in our society.”

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