Licensed capacity and patio endorsement

Bar buyers meet these two items when they ask what a licence actually allows. Capacity limits how many people the venue may hold. A patio is outdoor space that the licence may or may not cover. The rules differ between the two provinces covered here.

British Columbia

Under B.C. Reg. 241/2016, person capacity is the maximum number of people permitted in a service area at one time, and section 72 says the general manager must establish it for the service area under a liquor primary or food primary licence before issuing the licence; it must not exceed the occupant load, if there is one, among other limits. Under section 73, a patron capacity set under the former regulation continues to apply until a new person capacity is set on an application to amend the licence. Under section 78, it is a requirement of the licence that the number of people in the service area at one time not exceed the person capacity or, if there is one, the occupant load. The province lets Liquor Primary licensees apply to add an outdoor patio, and has a separate application for a Food Primary patio or structural change.

Ontario

The Alcohol and Gaming Commission of Ontario lists increasing the capacity of an existing licensed area, and adding a new permanent licensed area indoors or outdoors, among the permanent changes a licensee must tell it about through its iAGCO portal, and for a temporary outdoor patio it directs people to their local municipality. This entry covers British Columbia and Ontario only. Ask for the licence itself, not a summary.

What to ask in a deal

• The capacity stated on the licence, compared with the layout the venue actually uses.
• Whether the patio appears on the licence and whether local approval exists.
• Any pending application or condition affecting capacity or the patio.
• See whether a liquor licence transfers on a sale and liquor primary and food primary licences.