Seasonal Commercial Patio Program

Patio type and application fee

• Bistro patio - $201
• Sidewalk or boulevard patio with enclosure - $414
• On-street patio - $414 plus $562 (including HST) per parking space
• Outdoor merchandising display - $54

Permit fees and parking rental fees (if applicable) are required to apply and participate in the Seasonal Commercial Patio Program. 

Staff will confirm applicable fees with the applicant. Fees are due when the signed patio agreement is emailed back to staff. Fees can be paid via certified cheque or e-transfer.

Some patios will be located in a parking space and extend onto the boulevard/sidewalk. In this situation, applicants will be charged the permit fee for an on-street patio.

If you have a valid liquor licence for your establishment and you intend to serve liquor on your patio, you must apply for consideration and approval of a temporary liquor licence extension through the Clerk’s department, which is separate from the patio permit process. 

Once you have received your patio permit, this can be used to apply for your temporary liquor licence extension. Visit the Liquor Licence webpage for more information about temporary extensions. 

If you do not have a valid liquor licence please contact the Alcohol and Gaming Commission (AGCO) for more information on how to obtain a liquor licence.

Contact Region of Halton Public Health to learn more about requirements when supplying food. 

Patio placement

• Requires a patio to align with frontage of restaurant/café.
• For on-street patios: minimum of one and maximum of two spaces per restaurant and tied to premises frontage length.

Encroachments

• Requires there is no encroachment into the pedestrian clearway/clear path of travel.
• This includes patio enclosures, décor, furniture, umbrellas, signage, etc.

Street furnishings

• Requires there is no removal, blockage or relocation of street furnishings.
• This includes bike racks, benches, pay and display machines, etc.

On-street parking space use

• Requires a maximum of two spaces per restaurant where space permits.
• User fee applied. Cannot use EV charging, accessible, quick stop or loading spaces.

Platforms

• Required for all on-street patios.
• Participants to provide and maintain at own cost.

Safety equipment (such as barriers)

• May be required in certain instances.
• This includes signage, centre line treatments, etc. Town to purchase and deploy in 2024.

General

• The Seasonal Commercial Patio Program is for a specific duration each year. Patios must be removed during the off-season. Removal of the patio is the responsibility of the applicant. The applicant/permit holder must not affix, anchor, drill or do anything that damages municipal property/lands when securing platforms, railing, enclosures, furnishings, etc. The location must be returned to its original condition.
• Alternative enclosures such as stanchions, planter boxes and fence base plates are encouraged.
• Patio furnishings and materials can not interfere with the visibility of adjacent businesses. 
• All objects associated with the patio must be contained within the approved patio area and must not interfere with the adjacent pedestrian clear path of travel or vehicle travel lane.
• Careful attention to storage (after hours) and installation is recommended.

Hours of operation

The patio permit shall not be used earlier than 7 a.m. nor later than 11 p.m. other than for special events where a separate event permit has been issued by the Town of Oakville.

Patio maintenance expectations

The following items are expected by all patio program participants:

• Patios are to be well maintained and kept in good working order and safe condition
• Each patio is responsible for maintaining their own furniture and equipment.
• Each patio is responsible for their own garbage. Town of Oakville garbage receptacles are not to be used for the patios.
• Patios are to be operated and maintained in accordance with Provincial and Public Health requirements.

Failure to comply with any of these requirements could result in the loss of the patio permit for the season.

Accessibility and clear path of travel

All patios must maintain minimum Accessibility for Ontarians with Disabilities Act (AODA) accessibility requirements that include providing an unobstructed sidewalk clearance zone, known as the ‘clear path of travel’. Specific criteria are highlighted below:

• Minimum two metre clear path of travel.
• Unobstructed access: ensure no obstructions are located within the clear path of travel such as street furniture, tree, signage, bus shelter, garbage receptacle and other physical obstructions.
• Patios cannot block pedestrian access along a street, walkway connection or entrance.
• No power cords or cables shall be permitted.

The minimum Clear Path of Travel may be further amended during the season should the Province of Ontario alter its AODA recommendations, and the Town of Oakville reserves the right to cancel the patio agreement for any location that is unable to meet the AODA recommendations as amended.

Signage

Participants must abide by the town’s sign bylaw. 

Advertising devices and signage are not permitted on patio railings/enclosures. A-frame signs may be permitted with the appropriate permit issued by the town. 

In all cases, signage should not obstruct the clear path of travel and access to building or patio entrances. Third-party advertisements are not permitted on any furnishings or materials within the patio area.

Umbrellas

Umbrellas are encouraged within the patio subject to following criteria: 

• Must be located within the patio area and not overhang on the roadway or block pedestrian traffic on the sidewalk.
• Not permitted along street or in any right of way. 
• Umbrellas must be secured to a substantial anchor/umbrella base. 

Landscaping

Landscaping of patios is encouraged and must be of a temporary design. Landscaping material may include planters, hanging baskets, etc. 

Materials over railings/enclosures must be contained within the patio area and shall not extend into the clear path of travel or roadway.

Noise and lighting

No music, power cords and cables shall be permitted on the patio. 

The only lights permitted on the patio are solar powered lights and such lights shall not be attached to the street furnishings, trees or other municipal property.

Setbacks

In some instances a setback may be required including:

•    A 0.5 metre setback from on-street parking space to allow access.

Sight lines

Patios are not to be located within a driveway or roadway daylight corner measured three metres by three metres from the sidewalk intersection.

Seating

Accessible seating is encouraged. Tables should be accessible using mobility aids by having a knee and toe clearance under the table.

Access

For safety and accessibility reasons, a patio must not block any access to a fire department connection, town sewer, gas valve or meter, building entrance (or exit), town street furniture (such as garbage container, public bench, bus shelter, bike rack) or other sidewalk access. 

Patio tables, chairs, and other amenities must not block the clear path of travel or access to building entrances.

Tents

Tents and fixed overhead canopies are not permitted as part of the Seasonal Commercial Patio Program.

Heating devices

Portable heating devices may be permitted on outdoor patios provided that town staff have approved the devices prior to installation and use. Heaters may be subject to inspection by the Oakville Fire Department to ensure safety. 

For more information on patio heater safety, please review the TSSA Patio Heater Safety Guidelines and the Patio Heaters Safety Checklist for Restaurant Owners/Operators.