To support liquor sales licensees in safely reopening while respecting public health guidelines, a new measure has been introduced for temporary patio extensions effective until 3:00 a.m. January 1, 2021.
To be eligible for a temporary patio extension that exceeds 14 days, licensees must ensure that they meet specific criteria.
Please refer to the Info Bulletin on the AGCO website for more information on this new measure and additional requirements, including the criteria for who is eligible for this temporary measure.
If eligible for the temporary patio extension noted above, the licensee is not required to submit an application to the AGCO or follow the process outlined below. For any other type of temporary extension, the requirements are set out below.
Additionally, to provide boat operators that hold a liquor sales licence the same flexibility as other liquor sales licensees, under a new temporary measure, they may sell and serve alcohol while docked and may temporarily extend their licensed premises to the dock and areas adjacent to the dock, provided they have municipal approval and meet all applicable eligibility criteria. For more information and additional requirements for boat operators, please refer to the corresponding Info Bulletin..
Licensees holding a valid Liquor Sales Licence may submit an application to the AGCO to temporarily extend their existing licensed areas to an adjacent area (for instance to support a special event or occasion). The AGCO will consider temporary extensions for a period of fourteen (14) days or less. The application, including all supporting documentation, must be received thirty (30) days in advance of the temporary extension/event. No licensing fee is required.
The Registrar may approve a temporary physical extension of the premises to which a licence to sell liquor applies, for a period of fourteen (14) days or less, if the extension is adjacent to the premises to which the licence applies.
Prior to making an application for a temporary extension, it is important to take note of the following:
- A complete application including the necessary supporting documents must be submitted a minimum of thirty (30) days in advance of the event, otherwise your application may not be processed in time for the event.
- Should any additional information be required, you will be notified.
- Police, Fire Department, Public Health Office and Building Officials must be notified a minimum of thirty (30) days prior to the event.
- No more than four (4) temporary extensions will be granted in one (1) calendar year to a premises.
- Any conditions that apply to your Liquor Sales Licence will also apply to the extended area.
- It is the licence holder’s responsibility to ensure compliance with all other laws, by-laws and regulations during an event for which a temporary extension has been approved.
- If a tent will be used as the proposed extended licensed area, and the tent has walls that can be rolled down and secured, those secured walls may be considered a fixed partition. Please identify on the sketch if this is the case. Tents without walls or walls that will stay up will require a fixed partition to surround the licensed area so it is separate from the unlicensed area.
- In instances where a large community event is planned and various premises in that community intend to apply for a temporary extension, it may be more efficient if the event organizer or the Business Improvement Association (BIA) collects all of the completed applications and required supporting documents from each participating premises, and submits a complete package on behalf of the participants to the AGCO, well in advance of the event.
- Licensees are responsible for ensuring that all requirements of the Liquor Licence Act and its regulations are met. Licensees should take into consideration the nature of the event and the calculated capacity noted on the Temporary Extension Application.
The following will be required for your application:
- Notification Letters
A letter of notification advising local Police, Fire Department, Public Health Office and Building Officials of the date, time, exact location, capacity of the proposed extended licensed area including any permanent or temporary tiered seating, and nature of the event must be sent a minimum of thirty (30) days prior to the event. Copies of these letters must be included with your application.
- Sketch or Plan
A well-drawn sketch or plan must clearly show:
- The exact dimensions of the proposed extended licensed area including any permanent or temporary tiered seating;
- The exact location of the area in relation to the licensed premises - must be adjacent to the existing licensed premises;
- The proposed extended area must be readily distinguishable from other areas to which the proposed temporary extension does not apply. Licensees can determine how to best accomplish this, by for example, using planters, furniture, a rope between posts, or lines painted on the ground etc.
- Letter of Approval
If the proposed extended area is rented or leased, the applicant must provide a letter of approval from the owner or landlord.
- Letter of Non-Objection from the Municipal Clerk
If the event is outdoors, the applicant must obtain a letter from the Municipal Clerk stating that there is “no objection” to the proposed extended licensed area. Letters from the municipality that state the event is “municipally significant” will not be considered acceptable.
Please obtain this letter well in advance of the event to ensure the Municipal Council will be able to consider your request.