Private patio permit

Restaurants, cafés, distilleries and breweries can apply to have outdoor seating on private property. A development permit is required for each type of patio. 

Private patios must remain closed between 11pm and 7am unless an exception is indicated on your business licence, patio permit, and/or liquor licence. Liquor service is allowed, restrictions apply.

Types of patios allowed on private property

Permanent patio permit - operated year-round

  • You must renew your development permit annually, but only need to apply once. You do not need to renew the associated building permit.
  • The patio may extend onto public property if you have also have a sidewalk patio permit. 
  • The total number of guests, including the patio, cannot be more than you are allowed by your occupancy permit. If you would like to permanently increase occupancy, you may be required to add more customer washrooms or increase your exit capacity. Other upgrades may be required under the Building By-law.
  • This has a higher one-time application fee. Once approved, you only need to renew the permit each year. 

Summer patio permit - valid from April 1 – October 31

  • The patio must not intrude on adjacent properties.
  • You may be eligible to temporarily move up to 50% of your existing seats onto the summer patio.
  • The patio must be removed by November 1.
  • This patio has a lower application fee, but you must apply for it each year. 

Simplified drawing requirements, no interior drawing required

For the 2022 summer patio season, we are reducing our drawing requirements:

  • Businesses are no longer required to submit interior drawings or seating layouts for the patio permit application.
  • For businesses that previously held a Temporary Expedited Patio Program (TEPP) permit, and are applying for the same patio as last year, you can resubmit the same drawing that was part of the TEPP permit.
  • For businesses who are applying for a patio for the first time, or are proposing to change their patio from last year, a simple scaled dimensioned drawing is required.

These drawings:

  • Don’t need to be done by a professional architect
  • Don't need a professional stamp or seal
  • Can be done on computer or by hand – as long as they are accurate, to scale, and have dimensions and labeling

Permit requirements

Apply for a private patio permit

Review the requirements and apply.