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Patio owner gets off with suspended sentence

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In Collingwood
Dec 22nd, 2010
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By SHAWN GIILCK Collingwood Enterprise Bulletin December 22 2010
COLLINGWOOD -Sean Cripps, the operator of Duncan’s Café, pleaded guilty Friday to a single charge of operating his patio without a license in October.

Cripps was charged in October under the controversial new municipal bylaw stipulating that patios could only operate at a curbside location rather than against a building.
His appearance in the Ontario Court of Justice lasted only a few minutes.
As part of a plea bargain he negotiated with the Town of Collingwood, Cripps received a suspended sentence and was not fined.
“It was an agreement with the town negotiated with (CAO) Kim Wingrove and (clerk) Sara (Almas),” said Cripps. “It saves face for them. If they pass a bylaw, they can’t have people breaking it. So it looks good on them.”
Cripps said he agreed to the guilty plea knowing the fine would be waived. He said he could have been looking at a potential $200,000 fine for the violation.
Cripps, and other restaurant owners, have said moving the patios creates a liability issue for wait staff carrying food and drink across a pedestrian walkway. Provincial liquor regulations also prevent liquor from being carried across public space; restaurants that serve liquor would be required to get a separate liquor licence for a patio, as well as install a wet bar.
Restaurant owners have argued those licensing and other costs would make having a patio at the curb financially unviable.
He said he’s also confident the town will rescind the bylaw and return the patios to their traditional location against the building in time for next spring.
“There will be a big party at Duncan’s April 1 when the patio season opens again,” said Cripps with a smile.
He said he’s talked to several members of the new council who have all indicated they will support changing the bylaw. Cripps also said he was encouraged by comments made by new Mayor Sandra Cooper at the inauguration last week about changing the bylaw.
 “I’m very satisfied with the new council so far,” said Cripps.
The Crown Attorney withdrew a second charge of operating the patio without a license.
Cripps said he wanted to thank the community for its support, which included donations to help him pay legal costs. He said he’s planning on donating that money to a charity but hasn’t decided where it will go.
Mayor Sandra Cooper called the settlement “understandable” under the circumstances.
“Since the council is going to reconsider the patio issue, it’s understandable,” she said. “I look forward to having the patios back next year making the downtown a more vibrant place.”
Two months ago, Councillor Ian Chadwick introduced a notice of motion calling on the town to withdraw the charges. On Friday, Chadwick said he was satisfied with the outcome.
“Town staff felt this was the best way to deal with the issue: they knew the bylaw will be changed by the new council, but with it still in effect, it was inappropriate to withdraw the charges before that change,” said Chadwick. “I agreed to withdraw my motion after speaking with Sean based on the understanding there would be no fines or penalties incurred by him.
“Sean said he was amenable to pleading guilty on that basis. I’m happy that the bylaw will be changed so the restaurant owners can get back to business downtown next year.”

 

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