You are on page 1of 18

NI

GHTL
I
F
E
ES
T
ABL
I
S
HMENTS
BES
TPRACTI
CES
OCTOBER2
01
1

BEST PRACTICES FOR


NIGHTLIFE ESTABLISHMENTS
The Entertainment District Business Improvement Area (BIA) together with the BIA Safe Streets
Committee and Nightlife Members have developed these guidelines in consultation with Toronto Police
Services, Alcohol and Gaming Commission of Ontario (AGCO), City of Toronto Municipal License &
Standards (MLS), City of Toronto Fire Services and the King Spadina Residents Association (KSRA).
Following these best practices and requiring staff to acknowledge and respect same, is a positive step
towards ensuring that your premises operate in a prudent and proper fashion and in accordance with
the various regulatory requirements
Also, all house policies established by owners/management must be consistent with their obligations
under the Liquor Licence Act and its regulations, as well as conform to all other applicable laws and
regulations including, but not limited to, human rights legislation and the Criminal Code of Canada.

The Goal of this Document

To assist nightlife owners in maintaining safe and compliant bars, lounges, entertainment
facilities, hybrids and clubs

To create a vibrant world leading entertainment area through open communication and best
business practices

To create open discussions with all parties involved to form guidelines designed to assist with
public safety issues, noise, violence and other concerns both inside and outside of nightlife
owned premises

BIA contact information:


Toronto Entertainment District Business Improvement Area
416.926.1337
info@torontoed.com

Nightlife Establishments Best Practices (October 2011)

ENFORCEMENT/INSPECTION AGENCIES
CITY OF TORONTO
AGCO
Toronto Police Department
Municipal Licensing and Standards
Toronto Fire Department
City Councillor
Smart Serve Ontario
Private Security & Investigative Services

www.agco.on.ca
416.326.8700
www.torontopolice.on.ca
416.808.5200
www.toronto.ca/licensing
www.toronto.ca/fire
www.ward20.ca
416.392.4042
https://smartserve.org/
http://www.mcscs.jus.gov.on.ca/english/default.html

For additional contact information please call the BIA office: 416.926.1337 info@torontoed.com
Prior to obtaining a liquor or business licence, it is suggested that all establishments meet with their
local representatives from each enforcement agency to understand fully each agencys expectations.
It is recommended that all Business Owners provide necessary enforcement agency information to all
Management, Security and Employees.
For further information on compliance questions and general inquiries, it is highly suggested that
owner/operators visit each agency website for further clarification.
Establishments are recommended to create a daily procedural checklist for Management or Designates
to ensure their building is in compliance with operational guidelines as dictated by city enforcement
agencies. This could include:
Insuring emergency exiting is clear and well lit
Noise compliance
Crowd control measures
Security checks, etc.

Security
Security Staff must be licensed and trained in accordance to Provincial Legislation. Security staff must
be licensed and trained subject to training requirements to be established, in accordance to the Private
Security and Investigation Services (PSIS) Act, 2005. The PSIS offices are located at 777 Bay Street, 3rd
floor, Toronto, ON, M7A 2J6. The phone number is 416.212.1659 or email at
PSIS.PrivateSecurity@ontario.ca.
As outlined in establishment business license, there is a minimum requirement of one licensed and
trained security guard in every premise when 100 or more patrons are present at the same time. There
must be enough security on hand to properly and legally support patrons at an event. (See Appendix 1)

Nightlife Establishments Best Practices (October 2011)

Above the minimum requirements (1 per 100) as prescribed by the City of Toronto Municipal Code
Chapter 545, further consideration should be given by management to determine the appropriate
number of security based on events or clientele in attendance to ensure safety and lawfulness. There
must be sufficient security relevant to the business operated.
Risks should also be assessed according to the nature of the venue (number of doors/floors, VIP areas,
access and egress, etc.) and internal and external events when considering security staffing.
If an establishment employs its own security, those guards must be licenced and the business registered
with PSIS Branch (PSISB), Ministry of Community Safety and Correctional Services. If the establishment
uses the services of a security guard company rather than employing its own security guards, the
security guard company must be licenced by the PSISB.
Security guards should be trained in techniques to prevent potential and de-escalate actual violent or
difficult situations.
Uniforms must comply with the Uniform Regulation, PSIS Act, Ontario Regulation 362/07 (effective
August 23rd, 2009). (see Appendix 2)
Establishment policy should require that security separate and remove all potentially violent patrons in a
manner, consistent with the law, which is designed to prevent a continuation of violent activity inside or
outside the establishment.
It is important to note that under the Liquor Licence Act and its regulations, licensed establishments are
not only required to prevent disorderly conduct inside the premises but must also take reasonable
measures to prevent and minimize it outside as well.
Establishments shall inform all security staff to call 911 to report an emergency or a crime in progress
and notify Police through regular dispatch in non-emergencies.
It is recommended that security guards be spread throughout the establishment and not just at the
door. Each entrance to the establishment must be staffed by at least one Security Guard equipped with
a metal detector (see Appendix 3).
Customers should be encouraged to check coats and bags so as to avoid thefts. Coat check should
include the customers ability to check bags. It is recommended that establishments install anti-theft
environmental designs such as drawers, shelves and hooks for customers who choose not to check bags.
Ensure control and order is maintained in coat check area, especially at closing time.
Identifying information on ejected and or arrested patrons should be retained on a banned list
database, where possible. If possible, these patrons should not be allowed subsequent re-entry, and
should be asked to leave the area.

Nightlife Establishments Best Practices (October 2011)

It is recommended that properly working and maintained digital cameras be mounted in front of the
establishment (both inside and outside), at all entry doors and outside the washroom doors. Digital
video of any unlawful conduct must be identified and provided to the Toronto Police Services and AGCO
when requested.
Ensure that levels of lighting inside and outside the establishment are sufficient for observation by
security

Noise Control Plan & Crowd Control Plan


A sidewalk cueing plan (as approved by MLS via Entertainment Establishment Crowd Control Plan) must
be enforced. All individuals on admission lines should be informed that if they are not orderly, they may
not be admitted. A copy of the ML&S approved Crowd Control Plan and Noise Control Plan should be
kept on site at all times while the business is operating and shall be made available for inspection upon
request by ML&S Licensing Enforcement Officers, AGCO, Toronto Police or any other agencies having
jurisdiction.

Age Verification
Under no circumstances can a minor under 19 years of age be sold or served liquor, or be permitted to
consume liquor.
Each individual should be checked for age verification if appearing under the age of 25. Acceptable
forms of I.D. are under the Liquor Licence Act include:
1. Ontario driver's licence with a photo
2. Canadian passport with a photo
3. Canadian citizenship card with a photo
4. Canadian armed forces card with a photo
5. Liquor Control Board of Ontario BYID photo card
These five forms of I.D. reduce the risk to the operator (see Appendix 4). Accepting I.D. outside of this
list is a business decision that puts the operator at risk.
By law, no one can be required to produce the Ontario Health Card, nor can the number be collected.
Patrons should not be asked for the Ontario Health Card as identification, however if offered voluntarily,
it may be accepted at your discretion.
Toronto is becoming an increasingly diverse city and as forms of international I.D. becomes more
popular; recommendations to add them to the list can be moved forward. For a reference of countryspecific identification, please see I.D. Checking Guide at 1-800-227-8827 or www.idcheckingguide.com.

Nightlife Establishments Best Practices (October 2011)

Retain an identification /verification expert to conduct training seminars for licensees, with respect to
other forms of identification which would be acceptable and teach licencees and their staff how to spot
fake and illegitimate identification
At closing, security is to ensure orderliness when patrons are exiting the establishment.
Signage, staff communication and DJ announcements at closing time should be done to remind patrons
they are in a residential neighbourhood and they should move quickly, quietly and safely out of the
area. Ideally, signage would also be posted regarding the fact that cars parked on city property will be
towed at 2am.
Metal detectors must be used properly for all patrons and used, in accordance with establishment
policy. VIPs, DJs, entourages, staff, etc., cannot receive special treatment. Patrons who exit and return
later outside of a controlled area should be subject to the same security processes for entrance into the
venue.
Spot checks of employees should be conducted to ensure compliance with establishment policies and
applicable laws and rules, including integrity tests for false ID and underage sales.
Management should know and make readily available the telephone number of 52 Division Police,
Superintendent, Staff Sergeant or other direct contact.

Nightlife and Noise


City By-law, Provincial Legislation & General Guidelines
It is recommended that nightlife operators keep their approved noise and crowd control plans on the
premises and available if requested by enforcement agencies.
Entertainment District BIA General Noise Guidelines:

All operators who are permitted to use outdoor speakers or amplification systems should invest
in the expertise of a sound engineering company with experience in residential/nightlife
environments. The BIA office can provide contacts if requested.

Approved sound systems should be set in a locked mode to ensure sound levels are compliant
with regulations and cannot be increased.

Upon closing time, security personnel should escort and direct crowds to leave the area quickly
and as quietly as possible.
Provincial Legislation:
The Liquor Licence Act, Regulation 719, section 46 reads:
46. The holder of a licence that applies to outdoor premises shall not permit noise that arises directly or
indirectly from entertainment on the premises or from the sale and service of liquor to disturb persons
who reside near the premises. R.R.O. 1990, Reg. 719, s. 46.
The link to Regulation 719 is:
http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_900719_e.htm

Nightlife Establishments Best Practices (October 2011)

The link to the Liquor Licence Act is:


http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90l19_e.htm
City of Toronto Noise By-law:
No person shall make, cause or permit noise or vibration, at any time, which is likely to
disturb the quiet, peace, rest, enjoyment, comfort or convenience of the inhabitants of the
City.
City's web site: www.toronto.ca.
Search Toronto Municipal Code, Chapter 591 - Noise.
http://www.toronto.ca/legdocs/municode/1184_591.pdf
591-2. General prohibition.
No person shall make, cause or permit noise or vibration, at any time, which is likely to
disturb the quiet, peace, rest, enjoyment, comfort or convenience of the inhabitants of the
City.
591-2.1. Specific prohibitions.
A. Loudspeakers and other amplified sound projected on streets or public places.
(1) No person shall emit or cause or permit the emission of sound resulting from
the operation of any electronic device or a group of connected electronic
devices incorporating one or more loudspeakers or other electro mechanical
transducers, and intended for the production, reproduction or amplification of
591-5 2007 - 12 - 13
sound, that projects noise beyond the lot line of the property from which the
noise emanates and into any street or public place..
591-6 2007 - 12 - 13
591-4. Prohibitions by time and place.
A. No person shall emit or cause or permit the emission of sound resulting from any act listed in the
table below if clearly audible at a point of reception located in a prescribed area of the municipality
within a prohibited time shown for such an area.
B. Prohibited periods of time.
(3) 11:00 p.m. one day to 7:00 a.m. the next day, 9:00 a.m. Sundays and statutory holidays.
10. Playing of music. At all times B(3)

Nightlife Establishments Best Practices (October 2011)

ESTABLISHMENT OPERATIONS
Staff must ensure that the establishment remains in compliance with the Liquor Licence Act.
All employees must have a photo ID on file in the location within sixty (60) days of commencement of
employment, with a description of his/her position and contact information as well as copies of Smart
Serve certificates on file.
Establishments should also have contact information for all individuals contracted to provide
operational services such as DJs and Promoters.
There must be a person of authority in charge of the premises to ensure compliance with the Liquor
Licence Act and the Municipal Code. This person must have access to all enforcement agency
requirements. The name and phone number of both the manager and the person designated to be in
charge of the premises, if different, during the hours of operation, must be available to appropriate
government / enforcement agencies (see Appendix 5).
It is a requirement to facilitate an inspection by enforcement agencies and a good business practice to
have documents in one binder and in one location that is easily accessible. AGCO liquor licence
(photocopy) and Sandys Law must be posted somewhere in plain sight. It must be an original MLS
licence in all cases. Additional documents, while beneficial, are not mandatory. (See appendix under
required documentation).
Designated clean-up crews for both inside and outside the establishment should be created.
All flyers, handbills, cups, debris, etc., should be cleaned from all points of entry and exit in front of the
premises throughout the night as well as a final closing clean-up which may include outside premises
wash-down (see Appendix 6).
Designate specific employees to conduct occupancy counts periodically throughout the night and
consider noting this information in your incident/daily logs. Good record keeping is critical to your
operations. Busy establishments should always keep a running count of the number of patrons in each
licensed area, preferably with a mechanical counter, to ensure that there are never any overcapacity
issues.
Managers should identify themselves to responding government/enforcement agencies and work with
agencies on any matters of concern and log incidents for the owner/operator with respect to the
enforcement agency, the issue and the outcomes.
As with any other sale and service of liquor, if bottle purchases are allowed, establishments must take
the steps necessary to ensure that the tables are closely monitored so as to prevent over consumption.

Nightlife Establishments Best Practices (October 2011)

An establishment policy handbook should be in the premises at all times and should be distributed to all
employees. The handbook should to the degree practicable incorporate the guidelines suggested in this
document. The handbook should inform all employees how to handle situations that arise frequently
and which often lead to problems, e.g.:
Drunkenness
Illnesses or injuries
Fights
Patron refuses search or pat down
Disorderly patron
False ID
Drug use
Recovered weapon
The establishment policy handbook should also include:
Emergency evacuation plan
Exit plan gradual staged exit at closing to ensure orderliness
Order maintenance outside premises
When an establishment has residential neighbors, it is HIGHLY recommended the establishment posts a
sign encouraging patrons to be quiet and sensitive to the neighbors and monitor patrons as they leave
the area.
Addressing sound is a priority for the BIA but it will not be addressed at this time.
All permits, including business licence, health and safety approval, liquor licence, Toronto Fire
Occupancy Placards, and Fetal Alcohol Spectrum Disorder warning sign MUST be kept up to date and
posted in a clear and visible manner are in the establishment. These documents should as well be
readily available if requested.
Management is to ensure that club policies are adhered to.
If a criminal incident occurs, it should be reported immediately to police. An incident report listing full
details should be generated and maintained for three years. Attached is a suggested form that may be
used for this purpose.

Nightlife Establishments Best Practices (October 2011)

POLICE COMMUNITY RELATIONS


There needs to be regular communication between operators and police for security and enforcement.
Please notify your 52 Division contact.
Advance notice should be provided to the Unit Commander of 52 Division Police in the case of a special
event, promotion or other activities that may impact enforcement and security, and the establishment
should ensure that adequate and additional security personnel are employed to meet the specific
expected crowd.
Each establishment should have a search policy and adhere to it (this may vary from no one is searched,
to all bags are searched, to random searches are conducted, to everyone is searched).
This ensures that upon arrival, responding officers will have a basis to know if the occupants have been
searched and what, if anything was found.
Representatives of establishments are welcome at 52 Division Community meetings.
The Staff Sergeant or designate and establishment owners should meet as necessary in order to discuss
with each other operational issues, solutions to common problems, problem locations, etc.

Toronto Fire Service


All persons in control of, or working in nightclubs, as well as owners of buildings containing nightclubs
within the City of Toronto, are designated as Supervisory Staff under the buildings Toronto Fire Services
guidelines, and have prescribed responsibilities, which in part include:

Ensuring all staff is aware of the proper response and their responsibility during a fire or other
emergency.

Occupant Load placards and Emergency Procedures are to be prominently posted and visible to
the public.

The maximum number of occupants, including staff (as posted) must NEVER be exceeded.

All exits, stairwells, and corridors (including outside areas) are to be maintained clear, visible,
and accessible to the public.

Exit signs and emergency lighting must always be in place and fully functional.

Due to the extremely high ambient noise levels generated within the nightclub premises,
Supervisory Staff MUST instruct (DJ) operators to IMMEDIATELY shut-down music upon
activation of the fire alarm signals.

Nightlife Establishments Best Practices (October 2011)

10

Staff must assist in the evacuation of the building at time of emergency by directing patrons to
fire exits, and ensuring all persons move away from the building to allow Fire Department
access.

Use of fireworks of any kind must have Toronto Fire Services approval before each event.

Any malfunction or shutdown of fire safety equipment or systems within the nightclub or base building
is a contravention of the Ontario Fire Code and poses a SERIOUS LIFE SAFETY RISK to the occupants.
Corrective action must be taken immediately. Refer to the appropriate section of the buildings
Approved Fire Safety Plan.
Failure to comply with the Ontario Fire Code and the requirements of the Approved Fire Safety Plan may
result in prosecution.

AGCO COMMUNITY RELATIONS


In case of a special event, notify and AGCO inspector and/or the AGCOs Liquor Enforcement Branch
AGCO inspectors are available upon request to attend your establishment for owner, manager, and staff
educational meetings/seminars.

Nightlife Establishments Best Practices (October 2011)

11

APPENDIX
1. Reference City of Toronto Municipal Code Chapter 545 Licensing, Article XLI
Entertainment Establishments / Night Clubs
2. Reference TMC Chp 545, Section 545-494 Provisions of Security Guards. 545-494. Provision
of security guards. Every owner of an entertainment establishment/nightclub shall ensure that:

At all times while the entertainment establishment/nightclub is open that the establishment
is staffed with at least one security guard for every 100 patrons in attendance at the
premises; and [Amended 2006-03-30 by By-law No. 216-2006192]

All security guards wear identification or clothing by which they can readily be identified as
security guards.

3. Reference TMC Chp 545, Section 545-495 Metal Detectors. 545-495. Metal detectors.

Every owner shall ensure that each entrance to the entertainment establishment/nightclub
is staffed with at least one security guard and is equipped with a metal detector

4. AGE VERIFICATION:
What are acceptable forms of age identification? (AGCO)
1. Ontario driver's licence with a photo;
2. Canadian passport with a photo;
3. Canadian citizenship card with a photo;
4. Canadian armed forces card with a photo;
5. Liquor Control Board of Ontario BYID photo card.
By law, no one can be required to produce the Ontario Health Card, nor can the number be collected.
Patrons should not be asked for the Ontario Health Card as identification, however if offered voluntarily,
it may be accepted at your discretion.

Nightlife Establishments Best Practices (October 2011)

12

5. Reference TMC Chp 545, Section 545-496. Persons of Authority. Defined as being a person who is
authorized by the owner to operate, manage, supervise, run or control the establishment. The list
must provide to ML&S at the time of granting of licence / application must be maintained as up to
date. And notify ML&S, in writing, forthwith of any changes in names or contact information
reference TMC Chp 545, Section 545-496, Subsection B(1)(2)(3). 545-496.
6. Required Documentation PSIS Act, 2005:
Have a copy of the business registration available (if you have in-house security)
If you contract out all security duties to a licensed security agency, you are not required to be
registered but you must ensure the agency is properly licenced by PSISB (see website for list of
agencies)
Ensure all security personnel are currently licenced (see PSIS website for a list of licensed
individuals)
All security personnel are required to carry (and produce when requested) their security licence
when performing security duties
All security personnel must wear a uniform that complies with the uniform regulation (effective
August 23, 3009)
Security personnel must adhere to the code of conduct
A. Definition.
PERSON OF AUTHORITY As used in this section, means a person authorized by the owner of an
entertainment establishment/nightclub to operate, manage, supervise, run or control the establishment.
B. Every owner of an entertainment establishment/nightclub should provide Municipal Licensing and
Standards Division a General Manager contact name within 60 days of any changes. This General Manager or
other contact is usually on the premises during hours of operations
At the time of application for an entertainment establishment/nightclub owners licence or the
renewal thereof, or at the request of the Municipal Licensing and Standards Division at any time
during the term of the licence, file with the Municipal Licensing and Standards Division a list of
all persons of authority for the establishment, including current contact information for each
person on the list;
Notify the Municipal Licensing and Standards Division in writing forthwith upon any change in
the names or contact information contained on the list filed with the Municipal Licensing and
Standards Division; and
Designate at least one person named on the list filed with the Municipal Licensing and
Standards Division to be on the premises at all times when the entertainment
establishment/nightclub is open.
7. As prescribed by the TMC Chp 545, Section 545-498 Litter Control. 545-498. Litter control. Every
owner of an entertainment establishment/nightclub shall ensure that all areas immediately adjacent to
the establishment are clean and free of litter, refuse and other debris and shall install and maintain
containers for the deposit of litter, refuse and other debris.

Nightlife Establishments Best Practices (October 2011)

13

TORONTO ENTERTAINMENT DISTRICT


Working together, to create a safe, world-leading Entertainment District
Staff Contract
This contract is a recommendation only and may be customized and amended to your operational
needs.
Please read the following memo thoroughly and sign it acknowledging you have understood everything.
We must all comply with these requirements in order to ensure safe and responsible service.
Please note that staff is not allowed to drink after hours.
I.D. Requirements
We must ask absolutely everyone who appears to be under the age 25 years for proof of identification
prior to selling or serving them an alcoholic beverage. We will also ensure that no one under the age of
19 is permitted to consume alcohol in our establishment.
Avoiding over service and intoxicated patrons
It is our responsibility to make sure that patrons do not become intoxicated while in our establishment.
We must not allow a person who is apparently under the influence of alcohol or drugs to enter our
establishment or remain in our establishment.
Overcrowding
Our liquor licence states the maximum number of patrons and staff that we may allow in our premises
at one time. It is important for you to know the capacity of the various areas of the establishment and
ensure that we stay within these limits. We must always maintain control at each point of entry into our
establishment.
Noise Control
It is our duty to be mindful of our neighbors, both business and residential at all times.
Ensuring guests are entering, waiting and leaving in an orderly controlled fashion so that
noise is kept within the guidelines as determined by MLS, Toronto Police and AGCO.
Please print your name clearly and sign below indicating that you understand the above information.

*** The use or signing of the enclosed sample agreement by employees of your establishment does not

remove the responsibility of the licensee for ensuring compliance with the liquor license act and
associated regulations.

Nightlife Establishments Best Practices (October 2011)

14

SAMPLE INCIDENT AND CRIME REPORT


Incident and Crime Report
Toronto Entertainment District BIA
If you are witnessing a crime in progress or for all major crimes please call police or 911 immediately

Name of Business:

Unit #

Address of Business:

Postal Code:

Telephone:

Email:

Name of Person Reporting


(if different from owner/manager)

Name of Owner or Manager:

Time of Incident:
(indicate A.M. or P.M.)

Date of Incident:

If you are witnessing a crime in progress or for all major crimes please call police or 911 immediately
Type of Incident: (please mark all that apply)
Destruction of Public
Property (value under $5000)

Theft (value under $5000)

Destruction of Private
Property (value under $5000)
Consumption of
Alcohol in a Public Place

Illegal Dumping

Traffic
Violation

Assaults
(minor injuries)

Threats

Drug Deals or
Suspicion of Drug Deals

Littering

Loitering

Graffiti

Public
Intoxication

Panhandling

Public Noise &


Nuisance

Other (please
specify)

Nightlife Establishments Best Practices (October 2011)

15

Incident and Crime Report Continued


Toronto Entertainment District BIA
If you are witnessing a crime in progress or for all major crimes please call police or 911 immediately

Details of Incident:
Please describe in as much detail as possible, what happened and if witnessed, where did the incident take
place Inside your premises? Outside your premises? Other location? If you require more space, please use
the last page of this document

Damages and Losses:


Please indicate estimated amount of damages and losses
$

Suspect Description:
height, weight, hair colour, sex, nationality, clothing, age, other identifiable traits
If you require more space, please use the last page of this document

List of Witnesses and Witness contact Information:


If you require more space, please use the last page of this document

Nightlife Establishments Best Practices (October 2011)

16

Incident and Crime Report Continued


Toronto Entertainment District BIA
If you are witnessing a crime in progress or for all major crimes please call police or 911 immediately

Does your business have security/surveillance


cameras?
Yes

No

Did you take pictures of the crime scene? if


yes, please attach
Yes

No

If yes:
Indoor?

Outdoor?

Have you witnessed or experienced this incident or similar incident in the past?
Yes

No

If yes, approximately how many times?

Do you remember the approximate Date(s)?

Approximate Time(s) of Day?

Have you reported this incident or a similar incident in the past?


Yes

No

How to Submit Report Form to 52 Division Police:


When complete, you may email report or call 52 Division and an Officer will be directed to your location for
report pick up.
52division@torontopolice.on.ca or 416.8085200
If you require BIA assistance, please contact:
Entertainment District Business Improvement Area (BIA)
info@torontoed.com or 416.926.1337

Nightlife Establishments Best Practices (October 2011)

17

Incident and Crime Report Continued


Toronto Entertainment District BIA
If you are witnessing a crime in progress or for all major crimes please call police or 911 immediately

For use upon Officer report pick-up


Signature:

Print
Name:

Police Officer
Name:

Badge #:

Details of Incident Continued:

Thank you for your continued commitment to abide by the rules of our industry.

Nightlife Establishments Best Practices (October 2011)

18

You might also like