Important Update for 2021: To support businesses as they work to recover from the COVID-19 pandemic, and if permitted to open for on-site consumption, liquor sales licensees, including premises that are docked boats, may continue to temporarily extend or add a temporary physical extension of their licensed premises until 3:00 a.m. on January 1, 2022.
Eligible liquor sales licensees do not need to submit an application to extend their licensed premises for the duration of 2021, provided they meet certain requirements.
To be eligible for a temporary patio extension under the AGCO’s 2021 patio policy, you must have a valid liquor sales licence, 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” 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 prohibiting a patio;
- The capacity of any temporary extension, allows for at least 1.11 square metres per person; and
- In the case of “By the Glass” licensees, 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.
If eligible for the temporary extension noted above, the licensee is not required to submit an application to the AGCO or follow the process outlined below.
If you do not meet the above 2021 criteria and still wish to apply for a temporary extension, please see below for more information on how to apply.
Licensees holding a valid Liquor Sales Licence may submit an application to the AGCO to temporarily extend their existing licensed premises to an adjacent area (for instance to support a special event or occasion). The Registrar will consider temporary physical extensions and approve the duration of the temporary extension on a case-by-case basis. 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, if the extension is adjacent to the premises to which the licence applies or in the case of a boat, a dock to which the boat is attached, and may include land adjacent to the dock.
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.
- 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 as the partition from the areas to which the licence does not apply. Please identify on the sketch if this is the case. Tents without walls must ensure that the tent area is distinguishable from adjacent premises to which the licence does not apply.
In the case of premises that are boats, licensees must ensure that access to the water surrounding the dock or the specified portion of the land to which the dock is secured or affixed is prevented by a physical barrier.
- 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.