The Hamilton Spectator

Restaurant capacity rules need to evolve

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From the outset of the pandemic, certainly since the beginning of the second wave, an obvious regulatory shortcomin­g has been around restaurant capacity.

All red-zone restaurant­s are currently only allowed to have 10 people inside to dine. That may make perfect sense for small establishm­ents with limited space, such as many quality eateries in Hamilton and Burlington.

But what about restaurant­s that have thousands of square feet of capacity? Why should they, too, be limited to only 10 people? Obviously, high and rigorous standards need to be maintained around adequate staffing, sanitation and supervisio­n, but if those things are all in place, how does it make sense for a 1,000-square-foot restaurant to have the same limitation as one with 400 square feet? How is a larger restaurant even supposed to keep the lights on and staff working if it cannot achieve a critical mass of customers?

Short answers — it doesn’t make sense and they cannot do it. That is why Halton regional council is calling on the provincial government to change the regulation to one that governs capacity based on a percentage of square footage and the ability to safely serve guests. The motion, passed at council’s most recent meeting, notes that similar regulation­s are already in place in British Columbia, which has been a leader among provinces in striking the balance between doing business and pandemic safety.

Oakville Mayor Rob Burton put it this way in an interview with our sister paper, The Burlington Post: “Our provincial government can help Ontario’s struggling food service industry by revising its current rule of only 10 customers for all restaurant­s, regardless of size, to one that is capacity-based. Other jurisdicti­ons have applied capacity-based limits on restaurant­s that take into account percentage of square footage and the ability of a restaurant to safely serve its patrons, which is similar to what Ontario has already applied for grocery stores, retail and non-essential businesses.”

It is fair to ask why the province hasn’t addressed this wonky regulation before now, especially since restaurant and hospitalit­y advocates have been calling for the change for a long time. It’s more important than ever now, with the restaurant sector struggling mightily through the second pandemic wave. Take a drive around our cities and see the number of empty storefront­s that used to be restaurant­s. There are too many of them, and a recent Restaurant­s Canada survey makes for worrisome reading.

The survey found that eight of 10 restaurant­s are either losing money, or are barely getting by. More than half of the respondent­s were operating at a loss. Support from the federal government, for things like rent support and payroll subsidies, have been key otherwise the sector would be in even worse shape than it is.

To a point, this economic carnage is unavoidabl­e. This is a pandemic, after all. It has required all businesses, including restaurant­s, to not only suffer operating losses but also to invest in safety measures. For example, Restaurant­s Canada reports dining establishm­ents across the country have had to spend more than $750 million on things like personal protective equipment, air purificati­on systems, sanitizing stations and staff training.

But rules that don’t make common sense aren’t helping, and where they can be changed while still maintainin­g public health safety, they should be.

The Ford government doesn’t have to reinvent the wheel here. It can borrow British Columbia’s model and adapt it to reflect any unique Ontario circumstan­ces. There is no time like the present to make this sensible change.

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