In light of recent regulatory changes, and to clarify certain rules around the sale and service of liquor, the AGCO would like to provide the following information to municipalities:
- Registrar’s 2021-22 Policy for Temporary Patio Approvals for Liquor Sales Licensees
- Caterer’s Endorsement to a Manufacturer’s Licence
1. Registrar’s 2021-22 Policy for Temporary Patio Approvals for Liquor Sales Licensees
The Registrar’s 2021-2022 Policy for Temporary Patio Approvals remains in place until January 1, 2023, when the regulatory amendments that establish a new framework for outdoor temporary extensions comes into force.
Under the Registrar’s continued policy, liquor sales licensees (including licensees with a premises that is a boat) and licensed manufacturers with a by-the-glass endorsement may continue to temporarily extend their licensed premises until January 1, 2023 if meet the following criteria (as applicable):
- 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.
This policy is applicable to both seasonal patios and short-term extensions (e.g. for an event).
Licensees are not required to submit documents to the AGCO to demonstrate compliance with the above criteria, however, they are required to produce such documents should the AGCO request them.
Licensees that do not meet the above criteria are required to follow the usual application process for a temporary extension of premises and apply through the iAGCO online portal.
After January 1, 2023, municipalities and First Nation band councils will have the ability to approve temporary outdoor extensions of licensed premises (such as patios) and the AGCO will no longer be accepting applications or otherwise approving temporary outdoor extensions for licensees located in municipalities.
For more information, see the April 19, 2022 Information Bulletin: Municipalities and First Nation band councils can approve temporary outdoor extensions beginning January 1, 2023
The AGCO will provide licensees, municipalities and First Nations with information closer to the January 1, 2023 implementation date.
2. Caterer’s Endorsement to a Manufacturer’s Licence
Effective May 2, 2022, a new caterer’s endorsement became available to manufacturers with a by-the-glass endorsement.
Note: Local enforcement organizations (i.e., fire, building, health) may receive notifications from licensees about catered events.
The new caterer’s endorsement allows for the sale of liquor for consumption and service of liquor at catered events at premises other than the manufacturer’s licensed premises. The sale and service of liquor under a Caterer’s Endorsement must be primarily aimed at promoting the licensee’s product and either providing an enhanced tourist experience or fulfilling an educational purpose.
Catering Notification Requirements
Catering notification requirements vary, depending on where the individual event is being held.
Areas under the exclusive control of the licence holder:
Notification of an individual event is not required if the licence holder has provided the AGCO with prior notice (e.g. in the endorsement application) of its intention to cater events in a premises under the licence holder’s exclusive control.
NOTE: An area may considered to be under the exclusive control of the licence holder if the licence holder owns, rents or leases the area.
Areas not under the exclusive control of the licence holder:
Notification of an individual event is required if the event is being held in an area not under the exclusive control of the licence holder.
At least ten (10) days before a catered event begins, the licence holder with a Caterer’s Endorsement must provide the AGCO (via an iAGCO regulatory submission) and local police, fire, health and building departments with details on:
- The nature of the event and the name of the sponsor
- The address where the event will be held
- The dates and hours during which the event will be held
- The estimated attendance for the event
- The boundaries of the area where liquor will be sold and served, and the location of any tiered seating in the area.