Another Hess Village nightclub was hauled before the city's licensing tribunal Thursday, as businesses in Hamilton's entertainment district struggle to cope with a controversial bylaw that forces them to hire paid duty police officers.
Social Bar and Nightclub is the latest establishment in danger of losing its license for falling behind in payments for those officers, and joins a steady parade of bar owners in Hess who have said in tribunal hearings that the city's current bylaw is unfair and oppressive.
The Gown and Gavel, Viva, Ceilidh House, Hush, Che and Sizzle/Koi have all been before the tribunal over past due paid duty fees in recent years.
"In 20 years of business I've never been in this position – where a city was billing me for a service I didn't request," said owner Darwin Tchir, who along with his brother Darryl took over the bar last January.
'The paid duty program is financially killing us.'- Darwin Tchir, club owner
The bar has only been billed for about a cumulative four months, Tchir says – but they've still managed to amass over $11,000 in paid duty police fees and interest in that time.
"Merchants in Hess Village can't afford to do this," Tchir said. "The paid duty program is financially killing us."
Some city councillors have publicly denounced the bylaw, and another bar owner has launched a lawsuit against the city to have it struck down. But for now, it remains.
Attendance numbers dropping
Hess Village, as an entertainment district, can be a trouble spot and requires an increased police presence, especially during the warmer part of the year when it attracts more patrons, police say.
The current bylaw says Hess Village club operators must "retain a minimum of 10 special duty police officers for the Hess Village Entertainment District each Thursday, Friday and Saturday from 11 p.m. to 4 a.m. beginning April 15 and ending Nov. 15 each calendar year."
Darwin Tchir is one of the owners of Social Bar and Nightclub in Hess Village. (Adam Carter/CBC)
But sagging attendance numbers in Hess Village mean that there are more officers than necessary in Hess now, Tchir said during the tribunal hearing. "You're basing that off attendance numbers from five years ago," he said.
Club owners soldiered through a very slow summer season this year, he says, and repeatedly tried to contact police officials to lower the number of officers hired in conjunction with the sagging attendance.
But police didn't heed that request until September, he says, meaning owners in the entertainment district were paying for too many police officers with fewer customers in their bars to help pay for it.
Hamilton police did not immediately respond to requests for comment about their staffing levels in Hess Village, or if they have noticed a dip in attendance.
Bylaw needs review, councillors say
Coun. Terry Whitehead, who is the chair of the licensing tribunal, finds himself being pulled in two directions on the bylaw issue.
As a councillor, Whitehead has been vocal in opposing the bylaw as it stands, and says it needs to be reviewed. But as the chair of the committee, he's bound to enforce the city's bylaws as they're written.
"I'm not a great supporter of the bylaw itself, but as the chair of the licensing tribunal, I have an obligation to enforce what's before me," he said. "But I don't know of any examples in Canada where that is currently being done."
In most centres, policing is paid for by property taxes – and Tchir says he has never been behind on those. From May to August last year, his paid duty fees were 20 to 22 per cent of the bar's gross sales, he told the tribunal.
Ward 2 Coun. Jason Farr has also denounced the bylaw, and will be part of consultations between the city, police and Hess club owners about the bylaw later this year.
"There are no other examples of this level of private policing costs in any major city that I can find," he told CBC Hamilton. "The approximately $150,000 annual costs to fewer operators in Hess Village is impacting our economic development numbers and ultimately public perceptions."
'There's no accountability for this program'
Dean Collett, one of the owners of Sizzle/Koi and Diavolo, has launched a lawsuit in an attempt to strike down the city's paid-duty policing cost policy. Where that situation stands in the courts is unclear. City solicitor Janice Atwood-Petkovski told CBC Hamilton it was adjourned without a return date at the end of last year after the city resisted an injunction application.
She would not respond to requests to comment further on the matter. Collett also did not respond to requests for comment.
The city's licensing tribunal agreed to allow Social to apply for a license renewal at the end of Thursday's hearing – under some strict conditions.
Tchir has to pay off the $11,000 the bar owes in four instalments starting next month, and can't renew his license until the first payment is made. Failing to make a payment would mean his license is automatically revoked.
Now, Tchir and his brother will try to shift around the funds to pay off the city and keep the business running.
"This has caused a burden and a hardship," he said. "There's no accountability for this program."
adam.carter@cbc.ca | @AdamCarterCBC
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