A patio policy to control sidewalk dining is now in effect in Langley Township, following a vote by Township council on Monday (May 11).
Outdoor food and drink service will only be permitted on public sidewalks that are at least three metres wide, and the operator must allow at least 1.5 metres of clear space for pedestrians.
Even more clear space may be required “in areas of higher pedestrian usage, where concerns with mobility of wheelchairs, strollers or bicycles are raised” the policy states.
Alcoholic beverages “will not be permitted on sidewalk patios utilizing the public right of way.”
Businesses will have to pay a nonrefundable $25 fee to apply for a one-year permit and another $75 if they are approved.
People who operate without a permit could, potentially, face a fine of up to $500 a day.
The regulations are based on a review of patio policies in other communities by staff.
The new rules were unanimously approved by council Monday (Councillors Kim Richter and Blair Whitmarsh were absent).
During the brief discussion that preceded the vote, Councillor Charlie Fox expressed some doubt about the clause that calls for more clear space when pedestrian use is high.
It seemed vague to Fox, who warned it might mean Township council will have to step in when staff and businesses can’t agree.
“I’d like it [the requirement for tighter limits] a little more definitive,” Fox said.
“We [council] do enough adjudication.”
The sidewalk patio issue came up last year when Wendel’s book store and cafe in Fort Langley tried and failed to get an $100 highway use permit to use the sidewalk at the corner of Glover Road and Mavis Avenue as a patio area.
At the time, there was no patio policy.
A July 23, 2014 letter from Township transportation engineering manager Paul Cordeiro said a Wendel’s proposal to use the brick paver portion of the sidewalk for a patio would reduce the clear area for pedestrians to 1.5 metres “which is at times inadequate” given the amount of pedestrian traffic on weekends, holidays and special events.
“With further development in Fort Langley with projects such as McBride Station, Coulter Berry, and the Reid Block it is anticipated that sidewalk usage will further increase,” Cordeiro wrote.
“There is also some concern that Wendel’s also serves alcohol and that the sidewalk area is currently being used by Wendel’s staff while serving customers” the letter added.
At press time, Wendel’s had not responded to a Times request for comment.
Langley City doesn’t have a specific sidewalk patio policy, because virtually every dining patio in the city is operating on private property.
City staff have negotiated an “encroachment agreement” with at least one business to permit chairs and tables on a public sidewalk.