County not ready to allow bring-your-own alcohol to public events

Casandra Turnbull

Managing Editor

County of Brant staff are recommending the municipality not opt into a new provincial framework that would allow people to bring their own alcoholic beverages to certain outdoor public events, citing concerns over liability, public safety and enforcement.

The recommendation was presented to the Administration and Operations Committee on July 21 following recent amendments to Ontario's Liquor Licence and Control Act, which give municipalities the option of permitting bring-your-own alcohol (BYOA) at designated outdoor cultural and community events through a local bylaw. Participation is voluntary, and municipalities that choose to participate must establish their own approval process and designate eligible events. 

Instead, staff are recommending the County maintain its current municipal alcohol policy, which requires organizers to obtain Special Occasion Permits and limits alcohol consumption to controlled, licensed areas.

The report notes the provincial changes, which came into effect April 30, are intended to support tourism, reduce costs for event attendees and provide greater flexibility for event organizers. However, staff concluded the risks outweigh the potential benefits for the County. 

Among the concerns outlined in the report are increased insurance and liability exposure, additional demands on bylaw enforcement, parks staff, legal services and emergency responders, as well as the absence of new enforcement powers for municipalities.

Unlike licensed beer gardens, BYOA events would not include many of the existing safeguards such as Smart Serve-trained servers, standardized drink sizes or the ability to refuse service to intoxicated patrons, staff said. They warned the change could increase the risk of over-consumption, underage drinking, disorderly behaviour and impaired driving while placing greater responsibility on municipalities to manage those risks. 

The report also noted that six of the 18 County events held on municipal property currently include licensed alcohol sales, many of which serve as important fundraising opportunities for community organizations. Staff cautioned that allowing attendees to bring their own alcohol could reduce revenue generated through beer gardens and licensed beverage sales, affecting charities and service clubs that rely on those proceeds. 

Grand Erie Public Health also provided input during the review, advising that increased availability and accessibility of alcohol has consistently been linked to higher consumption, greater alcohol-related harms and the normalization of alcohol use among youth. Public health officials encouraged municipalities to carefully consider legal, safety and enforcement implications before adopting a BYOA framework. 

During committee discussion, Coun. Jennifer Kyle asked whether independently operated agri-tourism events held on private property could eventually qualify if the County chose to adopt the framework.

"If some day we were to go down this route, what qualifies as a municipally designated cultural or community event?" Kyle asked. "For example if you have someone who has an independently operated Agri-tourism event, it's on their private property would they ever qualify under this new legislation?"

Director of Economic Development and Tourism Zach Gable said the legislation appears to focus on public property.

"I think as I understand it this only applies to public property so if they are holding an event on private property I cannot comment," he said. "I think it is giving municipalities the license to come up with that definition of what is a cultural activity."

Coun. David Miller said he supported staff's cautious approach.

"I like the approach in the report," Miller said, adding he would like to see how other municipalities implement the legislation before Brant considers making any changes.

Coun. Ella Haley questioned whether the framework could apply to community halls, where requests are sometimes made to allow guests to bring their own alcohol.

"I think with this it is more geared towards how events operate in the county," Gable responded, noting the legislation is intended to apply to events falling under the County's special events policy. He added he did not believe private functions held in public community halls would qualify.

Staff also noted that people wishing to bring their own alcohol to private functions currently have an established process available that includes obtaining the appropriate Alcohol and Gaming Commission of Ontario permits, insurance and Smart Serve requirements.

The committee received the report for information only. Staff will continue monitoring how other Ontario municipalities implement the legislation and will report back should future circumstances warrant reconsideration.