Township removes patio furniture for non-compliance
Township of Clearview staff impounded patio furniture from Creemore Bakery and Café Wednesday when officials say they failed to comply with the rules that govern the use of public sidewalks.
“The Township of Clearview received a complaint and photographs of a portion of sidewalk on Mill Street blocked by patio furniture from a business,” Clearview CAO John Ferguson said in a statement to The Echo. “Accessible and safe travel of pedestrians on the township’s sidewalks is of the utmost importance. The township works with business owners for compliance with the municipality’s patio guidelines and policy through an application submission. When businesses do not comply, the township has the authority to remove items from its property to ensure the health and safety of the public.”
He said there is an opportunity for resolution, and that is for the business to be in compliance.
Creemore Bakery and Café Carriere claim that the township is relying on photos submitted by the complainant and that staff has owners Cortlin Robbins and Jody Carriere claim that the township is relying on photos submitted by the complainant and that staff has not properly investigated the patio resulting in miscommunication and undue process. They say they were not given fair notice that a patio permit was needed and a fair time frame in which to apply, just a direct removal order.
During a recent discussion about the future of the township’s On-Street/ Sidewalk Patio Guideline and Policy, which is up for council discussion in the fall, they say they were told they did not require a permit.
The bakery’s owners have responded with legal action.
“[The complainants] found it a nuisance to get through our large customer base,” said Robbins.
She admits that customers do move the tables and chairs around on the sidewalk and block pedestrian traffic but says that staff do make an effort to keep the sidewalk clear and encourage large groups to use the back patio. She said for the most part the patio is compliant with the current policy.
As a result of the order, Creemore Bakery and Café removed the furniture last Thursday and then replaced it on Friday, in preparation for the long weekend, delineating a 1.5 metre passageway to be kept clear as required in the policy. They also launched a petition for “targeted discrimination” resulting in 300 signature over two days and have consulted with their lawyers. In the meantime they have since submitted an application for a patio permit, which is being processed by the township, but as of Wednesday was missing some information.
The petition said, “Other businesses complained we are too busy. Township forced removal of our patio. We’re sorry we are that awesome Creemore.”
They say the patios are an important economic boost to the village and an attraction for people who are also here to visit the brewery and shop the retail stores.
“There is a huge support for patios and everyone’s willing to work with the town to abide by patio laws as long as they’re non-discriminatory against businesses that may serve different clientele that come in larger groups,” said Robbins.
They plan to take their petition to council.
“We’re in the middle of a season.
It takes quite a few weeks to get a patio permit and get something built and put out there, it’s not like it’s an instant thing,” said Robbins. “We didn’t really want to make this a big thing in town where there’s an article in the paper and it becomes a big thing and it’s the talk of the town.”
Their lawyer advised them to leave the patio setup while they applied for a permit but on Wednesday, township employees showed up to remove the furniture. Creemore Bakery and Café was given two options: they could remove the furniture while the permit application is being reviewed, or township staff would remove it and store it until the matter is resolved. When Robbins and Carriere refused to remove the furniture, township officials followed through and loaded the tables and chairs into two pick-up trucks while being filmed by café staff and observed by an OPP officer who was called in by the café owners in order to have a police presence.
“What they are doing is equal to theft,” said Carriere.
She is pursuing legal action and plans to sue for lost income.
Carriere said she feels targeted by fellow members of the Creemore BIA who have complained about the patio.
“This is disgusting,” she said. “This township is going to get a blast and I am going to make damn sure the BIA is held accountable.”
BIA president Nancy Johnston said the bakery is a valuable addition to Creemore’s downtown and attracts daytrippers. She said she would love to see them have an on-street patio and still have room to accommodate the bicycle parking.
“We want them to succeed,” said Johnston, adding that the bakery is complementary to the other food, service and retail businesses. “The more people in town the better.”
“The BIA is always available to provide assistance to any member that needs help with Clearview bylaws, rules and regulations,” Johnston told The Echo. “The BIA is supportive of all businesses in Creemore to be as successful as they can be.”
Doesn’t Ms Johnston own the competing cafe across the street? Maybe it’s assumed to be common knowledge but I hope the Echo would disclose this apparent conflict of interest…