To continue supporting businesses as they work to recover from the COVID-19 pandemic, the AGCO has extended the Temporary Patio provisions for 2023. If permitted to open for on-site consumption, liquor sales licensees may continue to temporarily extend or add a temporary physical extension of their licensed premises until 3:00 a.m. on January 1, 2024.
Eligible liquor sales licensees do not need to submit an application to the AGCO to extend their licensed premises for the duration of 2023, provided they meet certain requirements.
To be eligible for a temporary patio extension under the AGCO’s patio policy, you must have a valid liquor sales license, be permitted to open for on-site consumption and must meet the criteria as set out below:
- The physical extension of the premises is adjacent to:
- the premises to which the licence to sell liquor applies; or
- a dock to which the boat is attached and may include land adjacent to the dock; or
- the licensed premises under the "by-the-glass" endorsement to a Manufacturer’s Licence;
- The municipality in which the premises is situated has indicated it does not object to an extension;
- The licensee is able to demonstrate sufficient control over the physical extension of the premises;
- There is no condition on the licence or endorsement prohibiting a patio;
- The capacity of any new patio, or extended patio space where the licensee has an existing licensed patio, allows for at least 1.11 square metres per person; and
- In the case of a by-the-glass endorsement to a Manufacturer’s Licence, the sale and service of the wine, beer and/or spirits manufactured by the manufacturer within the physical extension of the premises is primarily aimed at promoting the manufacturer’s product and either providing an enhanced tourist experience or fulfilling an educational purpose.
In response, the Municipality of Lambton Shores is offering an expedited process to allow for temporary patio spaces.
Temporary patios must complete the Temporary Patio Registration Form and comply with guidelines provided by the Municipality of Lambton Shores, Lambton Public Health and the ACGO regarding size, occupancy and health regulations. Temporary patios will be allowed to operate without permit until 3:00 am on January 1, 2024, if registered with the municipality.
No municipal permits will be required for existing businesses to operate patios on private property. However, businesses are required to register and confirm that they will comply with the guidelines. If a business is requesting to open or expand a patio into an existing private parking area, permission and additional approval must be obtained if any more than 25% of the onsite parking for the establishment is impacted.
If a business is requesting to open or expand an existing patio on public property, permission and additional approval must be obtained.
Registration:
- Complete the Temporary Patio Registration Form
- Sketch of the patio is required
- Letter of permission from landlord (if applicable)
- Open your patio. You must comply with the Guidelines of the Alcohol and Gaming Commission of Ontario (AGCO).
- Contact Lambton Public Health to confirm their requirements at 1-800-667-1839.
Fees
Fees will be waived for the registration of Temporary Patios.
Inspections/Occupancy
You are not required to call for inspections; however, the municipality may conduct audit inspections of patios to ensure compliance with the general safety requirements outlined in the Registration Form.
Owners shall provide their liquor licence, if requested by the Chief Building Official. The Chief Building Official is authorized to inspect all temporary patios and require adjustments to the patio in order to address compliance with these guidelines.
You are not required to request an Occupancy Permit; however, you are required to comply with the Provincial social distancing guidelines.
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