The licensee shall ensure that the number of persons on the premises to which the licence applies, including employees of the licensee, does not exceed the capacity of the licensed premises as stated on the licence. 

The maximum capacity of the licensed or permitted premises shall be determined as follows, unless the premises is a railway car, boat, large quadricycle or the playing area of a golf course: 

1. The maximum capacity of premises to which the Building Code Act, 1992 applies is the maximum capacity determined under that Act.
2. The maximum capacity of premises to which the Building Code Act, 1992 does not apply is the maximum capacity determined under the Fire Protection and Prevention Act, 1997 if that Act applies to the premises.
3. The maximum capacity of premises to which neither the Building Code Act, 1992 nor the Fire Protection and Prevention Act, 1997 applies is determined by allowing 1.11 square metres per person. 

[Amended: July 2025]