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http://www.toronto.ca/legdocs/mmis/2012/ls/bgrd/backgroundfile-50921.pdf
Staff Report for Action – Businesses Operating as Vapour Lounges – Hookah/Shisha 1
STAFF REPORT
ACTION REQUIRED
Review of Businesses Operating as Vapour Lounges
and a Discussion of the Status of Hookah / Shisha
Date: October 11th, 2012
To: Licensing and Standards Committee
From: Executive Director, Municipal Licensing and Standards
Wards: All
Reference
Number:
SUMMARY
The purpose of this report is to review the legality and neighbourhood impact of
businesses currently operating as “water pipe establishments” in the City of Toronto. This
report considers reviewing current City approval processes and regulations, in
consideration of licensing such businesses, and amendments, if any, to the current
smoking bylaw, to aid in the control of this activity.
In undertaking the review of “vapour lounges” and to address the use of “water pipes and
other apparatus” as well as “vapourizers and vapourizing accessories” referred to in
Council's motion, staff determined that there were different types of locations or
operations that would fall under such a review. Given the differences in the nature of
these businesses and the varying legal, public health and safety concerns related to them,
two separate reports are being submitted to fully address Council's motion.
This report addresses exclusively the legality and neighbourhood impact of the operations
at water pipe establishments, known for the consumption of a substance known as
“shisha”, available in tobacco and non-tobacco forms. The second report will address the
issue of medical marihuana, its use relative to “vapour lounges”, and a discussion
regarding potential upcoming amendments to the Federal regulation governing its use.
Staff recommends that City Council direct that work continue in the development of a
regulatory regime, including a proposed addition to the City of Toronto Municipal Code,
Chapter 545, Licensing, to include a specific article governing these water pipe
establishments and their operations within the City. These regulations would focus on
addressing specific health concerns at these establishments, including air quality,
Staff Report for Action – Businesses Operating as Vapour Lounges – Hookah/Shisha 2
transmission of communicable disease and the entry of minors, in addition to identifying
opportunities to aid in the mitigation of some of the challenges faced in regulating the
substances consumed (hookah/shisha) under the current tobacco control legislation.
Further consultation and development of a proposed regulatory regime, as well as issues
related to zoning, are required.
The City Solicitor, the Medical Officer of Health and the Deputy City Manager and Chief
Financial Officer were consulted in the preparation of this report.
RECOMMENDATIONS
The Executive Director, Municipal Licensing and Standards recommends that:
1. City Council receive this report for information.
2. City Council direct the Executive Director, Municipal Licensing and Standards, to
undertake the necessary steps to recommend an appropriate regulatory regime,
including the establishment of a business license for water pipe establishments.
FINANCIAL IMPACT
There is currently no financial impact identified for Municipal Licensing and Standards
as a result of the recommendations in this report.
The Deputy City Manager and Chief Financial Officer has reviewed this report and
agrees with the financial impact statement.
DECISION HISTORY
At its meeting of November 29, 2011, City Council directed the Executive Director,
Municipal Licensing and Standards to undertake a comprehensive review of the legality
and neighbourhood impact of businesses operating as ‘vapour lounges’.
http://www.toronto.ca/legdocs/mmis/2011/mm/bgrd/backgroundfile-42713.pdf
ISSUE BACKGROUND
Hookah/Shisha
Hookah is an alternative form of smoking tobacco that is believed to have originated in
India and the Middle East more than 400 years ago. The practice is also referred to as
shisha, water pipe smoking, narghile or qaylan. For the purposes of this report, ‘hookah’
will refer to the actual water pipe used to facilitate consumption, while ‘shisha’ will refer
to the substance being smoked. The term ‘water pipe establishment’ will refer to
businesses that sell shisha, and r which allow consumption on the premises.
Two types of shisha are commonly available: a form of shisha which contains tobacco
and an ‘herbal’ shisha which does not. The ingredients in shisha are typically unclear due
to poor manufacturer labelling and sparse ingredient lists. In general, shisha is comprised
Staff Report for Action – Businesses Operating as Vapour Lounges – Hookah/Shisha 3
of a variety of dried plants, herbs, tea leaves, and/or possibly tobacco leaves, and contains
a mixture of preservatives and flavourings that are bound by molasses or honey. Both
tobacco and herbal shisha are moist substances and can be flavoured in such varieties as
watermelon, mango, apple, cherry and grape.
A diagram of a hookah pipe and how it is used is attached to this report as Appendix A.
Recognition of Tobacco Hookah as an emerging public health issue
Though hookah remains most popular in the Middle East, it is an emerging trend in North
America, as well as in Europe and Asia. The World Health Organization has raised
concerns about the increased number of individuals, particularly youth, who are taking up
the activity of smoking tobacco shisha.
Because hookah is an emerging trend in North America, it is difficult to quantify its
popularity. Though there are currently no statistics on hookah use in Toronto, a study
published in Pediatrics in May, 2010 surveyed 871 young adults 18-24, living in
Montreal. Twenty-three percent of respondents reported having used a hookah pipe
within the past year.
( Reference: Dugas, E., Tremblay M., Low N.C.P., Cournoyer D. and O'Loughlin J. (2010). Waterpipe
Smoking Among North American Youths. Pediatrics 125: 1184-1189.)
Water pipe establishments in the City of Toronto
Toronto Public Health estimates that approximately 80 businesses operate as water pipe
establishments in the City. It is difficult, however, to accurately quantify these
establishments because they do not require a specific license or endorsement to operate as
such. It is believed that while some of these businesses operate and advertise exclusively
as water pipe establishments, many are operating primarily as other businesses, such as
restaurants, bars or cafés, which allow hookah pipes to be used on the premises, and in
some cases only after certain hours.
Staff have identified 25 businesses which advertise and operate as water pipe
establishments, and which are also currently licensed as eating establishments.
COMMENTS
Hookah Culture
With its roots in the Middle East, hookah has important cultural significance to several
communities in the City. It is important to note, however, that while water pipe smoking
is strongly embedded in Middle Eastern tradition, it is a popular and emerging trend
among non-Middle Eastern individuals, particularly youth. One of the reasons for this
popularity is the social dynamic involved in smoking shisha. On visits to water pipe
establishments, staff witnessed groups of patrons either sharing a single hookah pipe's
hose, or groups of patrons smoking individual hookah pipes around a single table.
Because smoking ‘sessions’ can last between 40 minutes and one hour, it is believed that
hookah encourages a sense of gathering and community.
Staff Report for Action – Businesses Operating as Vapour Lounges – Hookah/Shisha 4
Health Concerns/Misperceptions about Harm
Health authorities, including the World Health Organization, the Non- Smokers' Rights
Association, non-governmental organizations and several municipal health departments,
have raised concerns about the growth in popularity of hookah and its subsequent health
effects. Part of the reason for this is the commonly held misconception that because
shisha is flavoured and the smoke passes through water, hookah is a healthier form of
smoking than cigarettes and cigars. Public health authorities hold this perception to be
false.
Toronto Public Health is currently completing a report on the City's Tobacco Control
Plan, where it identifies some of the negative health effects of hookah smoking, which
include exposure to toxins including carcinogens. In addition to these effects, TPH and
ML&S have identified some additional concerns associated with water pipe
establishments. These include:
1. Transmission of communicable diseases. The sharing of hookah pipes, as with
sharing cigarettes between individuals, carries a risk of transmitting infectious agents
such as meningitis or herpes (cold sore) virus when saliva is exchanged through the
passing of the pipe.
2. Air Quality. When using water pipes, the risk from second-hand smoke is compounded
by the added risks of fuel and heat source, and also because hookah sessions tend to last
longer than the time an individual would be exposed to second-hand smoke from a
cigarette.
3. Attractiveness to youth. Evidence suggests that water pipe smoking is most attractive to
younger individuals between the ages of 15 and 22, the same age group in which most
people begin to smoke cigarettes and other forms of tobacco. There are concerns that
some of the City's water pipe establishments can lead young individuals to take up other
forms of smoking tobacco as many of these water pipe establishments permit entry by
minors.
Current legislation and enforcement challenges
The Smoke Free Ontario Act
The Smoke Free Ontario Act (SFOA) prohibits the smoking of tobacco, which includes
tobacco shisha, in any enclosed public place or enclosed workplace. However, in the
absence of specific reference to include the smoking of other weeds or substances that
would include non-tobacco shisha, Tobacco Control Officers (TEOs) must prove that the
shisha contains tobacco before laying a charge. TPH has been inspecting water pipe
establishments in the City since 2010 and during this time has laid 81 SFOA charges
against 25 establishments. At many of these inspections, TEOs have collaborated with the
RCMP's Toronto detachment, the Ministry of Revenue, Toronto Police Service and
ML&S.
Staff Report for Action – Businesses Operating as Vapour Lounges – Hookah/Shisha 5
Municipal Code Chapter 709, Smoking
Under Chapter 709 of the Toronto Municipal Code, “‘smoke’ or ‘smoking’ includes the
carrying of a lighted cigar or cigarette, pipe or any other lighted smoking equipment.”As
with the SFOA, the definition of smoking in Chapter 709 does not include non-tobacco
substances and is therefore inapplicable to water pipe establishments that sell and permit
consumption of non-tobacco shisha indoors.
Consideration of Prohibition
In consultation with TPH, staff considered the option to ban hookah smoking indoors by
expanding the definition of smoking in Chapter 709 of the Municipal Code. A ban of this
kind would remove the onus on Tobacco Enforcement Officers to test shisha for tobacco
content and would overcome the cost and necessary inter-agency coordination currently
involved in TPH inspections. Additionally, public health authorities believe that a ban
would address not only the wording gaps, but also uphold the spirit and intent of the
SFOA with regards to smoking indoors, where most people do not draw the distinction
between the non-tobacco and tobacco shisha being smoked.
One challenge, however, is that there is limited research about the harmful effects of nontobacco
shisha to justify a total ban or prohibition at this time. More research and
evidence is required before the proper authorities can determine that non-tobacco shisha
constitutes a significant threat to public health, such that action should be taken to
prohibit its smoking indoors, and shutter many independent businesses across the City.
Staff believe that at the municipal level, these considerations are best taken by TPH and
that any further pursuit of this option is best addressed through the Board of Health.
Neighbourhood Impact of Water Pipe Establishments
The neighbourhood impact of these businesses appears to vary based on the
neighbourhoods in which they locate. Staff heard complaints regarding the conduct of
patrons leaving these establishments, as well as concerns that the operation of these
facilities can create a bad influence on young individuals who may be susceptible to
smoking. Staff concluded, however, that the concerns raised about the neighbourhood
impacts of water pipe establishments are not necessarily unique to the activity of hookah
smoking on the premises and that many similar complaints are registered against bars and
cafés in these neighbourhoods. Where water pipe establishments are unique is that they
are not specifically regulated for this type of service. It is therefore likely that some of
these concerns could be adequately addressed through appropriate regulations.
Consultations with Business Improvement Areas
Staff requested consultations with four BIAs where three or more water pipe
establishments currently operate within their boundaries. Of these, the Danforth Mosaic
and Wexford Heights BIAs participated.
The representative of the Danforth Mosaic BIA reported concerns that several of the
water pipe establishments in the neighbourhood contribute to an increase in crime, such
as vandalism, graffiti, loitering and nuisance outside the establishments. It was reported
Staff Report for Action – Businesses Operating as Vapour Lounges – Hookah/Shisha 6
that residents and businesses have moved out of the neighbourhood because of the
problems associated with these establishments.
Representatives of the Wexford Heights BIA, in which nine water pipe establishments
operate, indicate that their members have reported no specific concerns about the
operations of these establishments in the neighbourhood.
Consultations with Toronto Fire Services
Toronto Fire Services was consulted to determine if there are any fire code violations at
these water pipe establishments. Based on site visits, TFS concluded that no obvious fire
code violations exist and that, in general, no obvious negative impact to the
neighbourhood exists, from a fire safety perspective.
Consultations with Toronto Police Services
The TPS provided staff with information on calls for service at 25 of the identified water
pipe establishments in the City. When compared to bars and coffee shops in the same
neighbourhoods, these establishments did not have a preponderance of police
involvement, suggesting that the operations of these establishments do not, on their own,
lead to an increased number of reported crimes that would contribute to community
disorder.
Consultations with Owners and Operators
Consultations were held with the owners and operators of these water pipe
establishments. Staff reported to the stakeholders on the process of the comprehensive
review and invited them to comment on public health and safety concerns associated with
their establishments. Surveys were also mailed to water pipe establishments within the
City. Of the 30 establishments invited, five were represented at the consultations. Surveys
were completed by ten businesses.
Those present at the consultations reported that they do not allow tobacco shisha to be
smoked indoors and the majority reported already taking steps to address concerns about
air quality, sanitization and entry by minors.
Owners and operators largely agreed that the introduction of a water pipe establishment
license would increase the legitimacy of their businesses and level the market for shisha
in the City, by requiring the currently illegitimate operators (those who permit tobacco
smoking indoors and entry by minors) to address public health concerns.
Water Pipe Establishments in Other Jurisdictions
Staff have identified water pipe establishments operating in at least seven Canadian
provinces, and in all of the 10 most-populated municipalities. In nine Canadian
provinces, legislation prohibits smoking in public places, but limits the definition of
smoking to that which contains tobacco and makes no reference to hookah, shisha or nontobacco
products. This limited definition presents Tobacco Enforcement Officers across
the country with similar challenges as those in Toronto, regarding the investigation of
water pipe establishments and enforcement of anti-smoking legislation.
Staff Report for Action – Businesses Operating as Vapour Lounges – Hookah/Shisha 7
Two jurisdictions have broader definitions of smoking than the SFOA:
1. Quebec's Tobacco Act contains a regulation that states “for the purposes of the
Tobacco Act, any product that does not contain tobacco and is intended to be
smoked is considered to be tobacco.”
2. Vancouver, as well as eleven other municipalities in British Columbia, expanded
the definition of smoking in their health or no-smoking bylaws to include either
specific reference to the hookah pipe, or any “other weed or substance.” It should
be noted that this bylaw is currently being challenged in the British Columbia
Supreme Court.
Ottawa’s Community Protective Services Committee recommended on June 21, 2012,
that Council amend the City’s Parks and Facilities Bylaw to prohibit the smoking of
water pipes or other non-tobacco products on municipal property, including all City
parks, beaches and facilities. Council adopted these recommendations, with the authority
granted under Section 128 (regulating public nuisances) and Section 129 (regulating
public odours) of the Municipal Act, 2001.
Information on water pipe establishments in other jurisdictions and steps taken to address
health concerns is attached to this report as Appendix B.
Summary
Given the legal context in which water pipe establishments operate, the cultural
sensitivities surrounding hookah and the number of businesses affected, the City should
consider adopting reasonable measures to address the public health concerns. These
health concerns would be best addressed at this time through a licensing regime that
considers the regulating of indoor air quality through the provision of adequate
mechanical ventilation, the cleaning and sanitization of hookah equipment and which
restricts the entry of minors.
Rationale
It is the opinion of staff that a proposed Water Pipe Establishment License could permit
businesses to sell and allow consumption of lawful non-tobacco shisha indoors, while
addressing the health concerns as outlined in this report.
Considerations in this new licensing regime could include requiring establishments to
maintain adequate mechanical ventilation, which would address concerns about poor air
quality due to smoke emitted from the shisha and burning charcoal in the hookah pipe.
The license could require that the ventilation system in every water pipe establishment be
maintained so that the premise does not become a health hazard.
Secondly, requiring adherence to proper cleaning and sanitization procedures would
address concerns about the transmission of communicable diseases through the shared
use of hookah pipes. The proposed license could require the hookah pipe, including the
hose, be sanitized after each use, or that the hose and tip be replaced for each new patron.
Staff Report for Action – Businesses Operating as Vapour Lounges – Hookah/Shisha 8
Thirdly, consideration would be given to water pipe establishments being required to
prohibit entry to individuals under the age of 18 on the basis that they are not yet at an
appropriate age to consent to the exposure of hookah smoke.
Beyond these health concerns, the proposed license could also require owners/operators
to retain ingredient lists and manufacturer packaging to provide TEOs with greater
documentation that the shisha sold and consumed in these establishments is tobacco-free.
This proposed license, first and foremost, could address the significant health concerns
associated with the current operations at water pipe establishments. In addition, this
licensing regime could recognize that some operators in the City already take measures to
address health concerns in their establishments and that more research is required on the
full effects of non-tobacco shisha.
A license, rather than a prohibition or a ban, regulates owners and operators in a
reasonable manner, while balancing the community's cultural practices. Moreover,
licensing these establishments will help to quantify them, increasing TEOs' ability to
monitor and inspect.
Upon receiving this direction, next steps would include conducting public consultations
to ensure that the interests of all relevant stakeholders are properly considered,
consultation with City Planning to consider zoning aspects related to these premises, and
all other necessary internal division inputs.
CONTACT
Luke Robertson,
Research Associate,
Policy and Planning Services
Municipal Licensing and Standards Division
Tel: 416-392-8794
E-mail: lrobert5@toronto.ca
SIGNATURE
_______________________________
Tracey Cook
Executive Director
Municipal Licensing and Standards
Appendix A: Hookah Pipe Diagram
Appendix B: Information on water pipe establishments in other jurisdictions
Staff Report for Action – Businesses Operating as Vapour Lounges – Hookah/Shisha 9
Appendix A: Hookah Pipe Diagram
Coal – placed atop the shisha to heat it,
causing the shisha to emit smoke.
Bowl – holds the shisha.
Tray – catches any fallen ash.
Stem/body – smoke from the burning
shisha passes through the stem or body
of the pipe.
Air valve – forces air into the pipe
(when the user inhales on the hose),
pushing the smoke through the water at
the base.
Vase/base – filled with water, through
which the smoke passes before going
into the hose.
Hose – smoke travels through the hose
to the mouthpiece, from which the user
inhales.
Staff Report for Action – Businesses Operating as Vapour Lounges – Hookah/Shisha 10
Appendix B: Information on action/legislation relating to water pipe establishments
in other jurisdictions
Jurisdiction Action
Vancouver, West Vancouver, District
of North Vancouver, Port Moody,
Powell River, Richmond, Surrey,
Tofino and Coquitlam, British
Columbia
Local bylaws have a broad definition of
smoking, such that: “smoke or smoking means to
inhale, exhale, burn, or carry a lighted cigarette,
cigar, pipe, hookah pipe, or other lighted
smoking equipment that burns tobacco or other
weed or substance.”
Village of Anmore, Belcarra and
Whistler, British Columbia
Local bylaws have a broad definition of
smoking, such that: “smoke or smoking means to
inhale, exhale, burn, or carry a lighted cigarette,
cigar, pipe or other lighted smoking equipment
that burns tobacco or other weed or substance. ”
Office of the Alberta Chief Medical
Officer of Health
- Released a report in February 2012 outlining
the health concerns associated with hookah
- Currently developing a water pipe awareness
campaign for 2012/2013
Quebec Enacted a regulation under the Tobacco Act in
2008 to expand the definition of smoking, such
that “any product that does not contain tobacco
and is intended to be smoked is considered to be
tobacco.”
Ottawa - Ottawa’s Community Protective Services
Committee recommended on June 21, 2012, that
Council amend the City’s Parks and Facilities
Bylaw to prohibit the smoking of water pipes or
other non-tobacco products on municipal
property, including all City parks, beaches and
facilities.
- Ottawa's Board of Health approved in June
2011 a motion that called on the Chair of the
Board of Health to write letters recommending
the following action on water-pipes:
That the Federal Minister of Health
consider clarifying or amending the
Tobacco Act and regulations to include
tobacco water-pipe products
That the Ontario Minister of Health and
Long-Term Care consider amendments to
the Smoke Free Ontario Act (SFOA) and
its regulations to:
Broaden the scope of the legislation
to include the smoking of other
Staff Report for Action – Businesses Operating as Vapour Lounges – Hookah/Shisha 11
weeds or substances such that
smoking of water-pipe products
would be included and
Provide Tobacco Enforcement
Officers with the authority to search,
seize and test product when
conducting an investigation
Durham Region Health Department Issues a fact sheet on the health effects of hookah
Hamilton Public Health Services Issues a guide to water pipe establishments on
how to properly clean and sanitize hookah
Region of Waterloo - The Region of Waterloo Community Services
Committee passed a motion on February 28th,
2012 to recommend that the Regional
Municipality of Waterloo (as the Board of
Health) request that the Minister of
Health and Long Term Care monitor the
evolution of water pipe use in Ontario and its
population health impact; and address the
enforcement complexities under the Smoke Free
Ontario Act regarding water pipe use,
particularly the identification of tobacco.
- Issues a fact sheet on the health effects of
hookah
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