UPDATE: Province considering ‘options’ for temporary patios in B.C.

The B.C. government says it is looking at ways to provide more time for businesses and local governments to get patio policies in place for the coming summer.

The current extension for temporary patios ends on June 1, 2022, but the Ministry of Public Safety and Solicitor General told Vernon Matters, that’s too quick for some licensees and municipal governments to get everything up and running.

“Government has heard that the June 2022 extension is too soon for some licensees and local governments to get patio policies in place and applications submitted. Work is underway to identify options to address the need for additional time for businesses and local governments,” a statement from the ministry said.

The province announced in June 2021 that it would allow the temporary patios, which are called temporary expanded service areas (TESA) and have been used to help restaurants and bars recover from the pandemic, until June 1, 2022 as part of a change to the liquor control and licensing policy.

“The extension provided time for local authorities to update their patio policies, and for licensees to apply to make their TESA authorizations permanent and to prevent the risk of disruptions to business during the application process,” the ministry explained.

All licensees with existing TESA authorizations, whose local governments did not raise concerns, were allowed to automatically extend the expiry date of their temporary patios – at no cost to the licensee – through to June 1, 2022.

“For licensees to operate their TESA permanently past the June 1, 2022 expiry date, they must apply for new outdoor patio permanent structural change (if their TESA is located outdoors) or a new interior service area permanent structural change (if their TESA is located indoors). The Liquor Control Regulation Branch accepted new TESA applications until October 31, 2021. As part of this process, licensees pay an application fee that ranged from $330-$440 – this is a one-time fee only,” the ministry said.

As part of the process to make the structures permanent, the ministry says local governments and Indigenous Nations will need to evaluate structures and outdoor licensed areas in terms of their community’s unique requirements and approach to outdoor dining.

The province issued the information in response to an earlier article by Vernon Matters (shown below) that quoted the B.C. Liberal party as saying the Horgan government was introducing fees and bureaucratic measures that would force some businesses to shut down their patios.

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Liberals accuse B.C. government of ‘axing’ temporary patios
Mar 7, 2022 | 4:10 PM

The B.C. Liberals are accusing the NDP government of shutting down temporary patio permits by introducing more red tape and fees.

Todd Stone, the opposition’s critic for Jobs, Economic Recovery, Trade and Innovation, said it makes no sense.

“The restaurant and hospitality sector has taken many hits over the pandemic, but the expansion of street patios and outdoor dining was a lifeline to restaurants and bars that was also widely embraced by the public,” said Stone, the MLA for Kamloops South Thompson. “Now, instead of making the patios permanent, the NDP wants to axe them right before the busy summer season. What is John Horgan thinking?”

The Liberals say more than 2,000 establishments were approved for patio space during the pandemic but these Temporary Expanded Service Area (TESA) authorizations, which were free and easy to apply for online, will expire on June 1, 2022.

Stone said restaurants will now have to apply and pay a non-refundable $400 fee, submit floor plans, comply with local government bylaws and guidelines, and wait up to 10 months for their application to be approved.

“In Vancouver, it’s going to cost up to $5,000 for businesses to go through a 34-page guide, hire a structural engineer, obtain architectural drawings and jump through a bunch of other hoops just to retain a patio setup as small as six square metres,” said Stone. “Only the NDP would force pandemic-weary businesses to endure more stress and find more money they simply don’t have, just to keep doing what they’ve been doing safely and smoothly through most of the pandemic.”

Stone is calling on the Horgan government to apply some common sense and make it easier for businesses to operate, not harder — and let everyone continue to enjoy patio season as planned.

Vernon Matters has reached out to the Ministry of Jobs, Economic Recovery, Trade and Innovation for comment and clarification on any changes to the rules around temporary patios.