Patio Policy for Eligible Liquor Sales Licensees (Cafe TO)

To continue to provide flexibility to businesses impacted by the COVID-19 pandemic, the AGCO Registrar extended the policy to allow for the temporary physical extension of premises (i.e. patios) without filing a temporary extension application. Liquor sales licensees including premises that are boats and “By the Glass” licensees are authorized to temporarily extend or add a temporary physical extension of their premises, as of January 1, 2021 and until January 1, 2023 at 3:00 a.m., if the following criteria are met, as applicable:

1. The physical extension of the premises is adjacent to:

   1. the premises to which the licence to sell liquor applies; or

   2. a dock to which the boat is attached and may include land adjacent to the dock; or

   3. the licensed premises under the “By the Glass” licence .

2. The municipality in which the premises is situated has indicated it does not object to an extension;

3. The licensee is able to demonstrate sufficient control over the physical extension of the premises;

4. There is no condition on the licence prohibiting a patio;

5. The capacity of the temporary extension, allows for at least 1.11 square metres per person; and

6. 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.

Licensees are not required to submit any documentation to the AGCO to demonstrate compliance with the above criteria. However, licensees are required to produce such documentation, if requested by the AGCO.

Licensees that do not meet the above criteria are required to follow the usual application process for a temporary extension of premise.