From: Municipal <municipal@agco.ca>

Sent: Friday, June 12, 2020 10:42 AM

To: Critchley, Valerie <vcritchley@citywindsor.ca>

Subject: Additional guidance for municipalities on recent amendments to Regulation 719 under the Liquor Licence Act

June 12, 2020

On June 8, the AGCO announced that liquor sales licensees are able to temporarily extend their patios or temporarily add a new licensed patio for the duration of 2020, once they are permitted to open and as long as certain criteria are met. One of these criteria is that the municipality in which the establishment is situated has indicated that it does not object to the extension. Please see the below communication, which includes a link to the information bulletin that sets out all key requirements for licensees who wish to temporarily extend or temporarily add a new patio, as well as some questions and answers to consider as you plan for patio extensions in your municipality.

There are two areas that AGCO wishes to clarify at this time.

Capacity

Some municipalities have inquired about the requirement that the capacity of any new patio, or extended patio space where the licensee has an existing licensed patio, does not exceed 1.11 square metres per person. For additional clarity, this means that any extended patio space should allow for a minimum of 1.11 square metres per person. For example, the maximum capacity of a new 100 square metre patio would be 90 people (100 sq/m ÷ 1.11 sq/m/person = 90). On an existing patio space, the capacity as stated on the licence continues to apply.

All licensees are expected to first and foremost comply with physical distancing measures and any other public health guidelines or orders issued by the Ontario Government or by any other applicable level of government. The AGCO recognizes that physical distancing requirements as set out in the Government’s Framework for Reopening our Province will likely require licensees to operate at well below maximum capacity. Some municipalities have also chosen to add additional requirements for licensed establishments located within their municipality that may further restrict capacity.

There are two areas that AGCO wishes to clarify at this time.

Patrons carrying liquor across unlicensed areas

In addition, the AGCO would like to clarify that only the licensee or its employees are permitted to carry liquor between two licensed areas across an unlicensed area (e.g. from the establishment and across the sidewalk, in the case where the patio extension is on a roadway and does not extend to the sidewalk). A previous version of this communication mistakenly communicated that patrons could also carry liquor across the unlicensed area if the liquor was in a closed container. For greater clarity, a patron cannot carry any liquor purchased from the licensee across an unlicensed area.

Municipalities may email municipal@agco.ca with additional questions.