The Town will be permitting temporary patios for the hospitality sector to help facilitate COVID-19 Economic Recovery. 

The Alcohol and Gaming Commission of Ontario has amended Regulation 719 under the Liquor Sales Act, to permit businesses with a valid liquor licence to temporarily extend the physical size of their existing licensed patio or temporarily add a new licensed patio, when permitted to re-open by the Province. This temporary measure will end on January 1, 2021 at 3:00 a.m. 

Licensed establishments must ensure they have municipal approval and meet all other applicable requirements to put these patio spaces in operation.  In order to welcome back and safely service patrons for food and beverage, businesses should review the Province’s guidelines

Before you apply

So your application is not delayed, make sure that you have all the necessary licences, permits, and permissions from the Town of Tecumseh, the Alcohol Gaming Commission of Ontario, and the property owner or landlord.

Please read the Temporary Outdoor Patio Guidelines below.

Temporary outdoor patio guidelines

The Town has developed Temporary Outdoor Patio Guidelines (the Guidelines) to assist business owners extend existing or establish new temporary patios on private and public property. Once your application has been submitted online, it will be reviewed by the Town and evaluated for approval. 

Patios that encroach onto municipal property will also be subject to entering into an agreement with the Town.  Business owners who expand onto public lands will be required to cover the costs associated with entering into an agreement with the Town. 

Please ensure that you follow the below guidelines so your application is not delayed.

  1. Temporary patios shall only be permitted for restaurants, bars and other food and drink establishments existing on the date of adoption of these guidelines. 
  2. Existing and temporary patios must adhere to all current provincial and local public health guidelines related to COVID-19; tables and chairs shall be arranged so that a minimum distance of 2 m (6 ft.) is maintained between groups or patrons. 
  3. Smoking of tobacco or cannabis and vaping of any substance is prohibited on and within 9 m (29.5 ft) of a patio where food and drink is served in accordance with the Smoke-Free Ontario Act, 2017 (SFOA). Business owners must comply with all SFOA regulations and should consult with the Tobacco and Vaping Enforcement Officer at the local public health unit. 
  4. Signage shall be installed at designated exit points to ensure alcohol does not travel outside of designated spaces. 
  5. Operation of temporary patios permitted under this guideline shall extend no later than January 1, 2021; however, the Municipality may terminate these permissions upon 24 hours notice. 
  6. The business owner is responsible for obtaining all relevant permissions, including but not limited to the Alcohol and Gaming Commission of Ontario and their landlord. 
  7. Outdoor theatrical performances or audiovisual presentations, live music concerts or shows must be in compliance with the Town of Tecumseh Noise By-law. 
  8. Required on-site parking may be used for a temporary patio. The required number of designated Accessible Parking Spaces must remain available for parking use and designated fire routes and sight triangles must remain unobstructed. A reasonable number of standard parking spaces should be maintained to serve patrons and the use of legal on-street parking may be taken into account as part of this consideration. 
  9. Accessibility must be maintained to, and throughout, the temporary patio, including meeting the Accessibility for Ontarians with Disabilities Act, 2005 and related regulations. The design and placement of the temporary patio shall ensure that the safe movement of pedestrians and vehicles is accommodated on the property in the vicinity of the temporary patio. 
  10. Temporary patios must not extend in front of adjacent tenant spaces, exits, or beyond business frontage without written permission from affected adjacent property owners and tenants; this includes any overhanging elements. 
  11. Umbrellas must stand at least 2.1 m (7 ft.) above the walking surface. 
  12. Temporary patios must be open to the air. 
  13. Platforms, decks, stages and portable toilets are not permitted. Optional temporary patio perimeter fencing, planters, or barriers approximately 1.2 m (4 ft.) high are permitted, provided they are secured without endangering any underground utilities. 
  14. A solid barrier approximately 1.2 m (4 ft.) high shall be installed where a patio is adjacent to any vehicle movement areas. 
  15. Cooking of food and drink preparation is not permitted on temporary patios. 
  16. A minimum 1.5 m (5 ft.) clearance from fire department connections and hydrants must be maintained on a temporary patio. 
  17. A fire extinguisher (minimum 2A-10BC) must be available within 15.2 m (50 ft.) of any part of the temporary patio. 
  18. When the perimeter is barricaded, a temporary patio with capacity for more than 60 people must have two separate exits. 
  19. CSA-certified electric or propane patio heaters (with max 20 lb. tank) are permitted where located at least 3 m (10 ft.) away from tree branches, operated per the manufacturer’s directions and not stored on the road right-of-way when not in use. Solid, gel or liquid-fuel fire features are not permitted. 
  20. For licensed establishments that do not have an existing licensed patio, the capacity of the temporary patio shall not exceed the posted occupancy of the indoor area indicated on your liquor licence or 1.11 sq. m. (12.0 sq. ft.) per person, whichever is the lesser. 
  21. For licensed establishments that have an existing licensed patio, the capacity of the combined area of the existing and temporary patios shall not exceed the posted occupancy of the indoor area indicated on your liquor licence or 1.11 sq. m. (12.0 sq. ft.) per person, whichever is the lesser. 
  22. For unlicensed establishments that do not have an existing patio, the capacity of the temporary patio shall not exceed the posted occupancy of the indoor area, or 1.11 sq. m. (12.0 sq. ft.) per person, whichever is the lesser. 
  23. For unlicensed establishments that have an existing patio, the capacity of the combined area of the existing and temporary patios shall not exceed the posted occupancy of the indoor area or 1.11 sq. m. (12.0 sq. ft.) per person, whichever is the lesser. 
  24. Owners shall provide their liquor licence for confirmation, if requested by the Chief Building Official. 
  25. The Chief Building Official is authorized to inspect temporary patios and require adjustments to the patio in order to achieve compliance with these Guidelines. 
  26. Patios may not encroach onto Town owned lands without the consent of the Town by way of a written Encroachment Agreement.  All costs associated with the Agreement are to be borne by the business owner (i.e. legal, maintenance, barricades, fencing, restoration, etc.)
How to apply

Before you submit your application, make sure you have the following documents to attach:

  • Site plan drawn to scale illustrating the location, limits and dimensions of the temporary patio, and all associated features (i.e. barricades, fencing, tables, chairs) (See below);

Sample Site Plan

 

  • Certificate of Insurance
    • $2 million against any liability for property damage or personal injury, negligence including death which may arise from the applicants’ operations under this agreement.
    • Town of Tecumseh must be included as an "Additional Insured";
  • Property Owner's Consent if you are the tenant;
  • Adjacent tenant(s) consent if the patio or patio expansion extends in front of the adjacent tenant(s).

Once you submit the application, it will be reviewed by the Town and the Chief Building Official will inspect the temporary patio to make sure it is in compliance with the Guidelines.

Apply for a Temporary Patio/Patio Expansion Application Form