Patio Program Update

On July 24, 2023, Council adopted the amendment to the Streets and Traffic Bylaw that implements the new patio program. The agenda package and recording of the meeting can be found by visiting Oak Bay CivicWeb. A copy of the regulations and the implementation plan can be found in the Documents section on the right side of this page.

Overview

The purpose of the Sidewalk Patio Expansion Program consultation is to get input on a new permitting system and guidelines for food and beverage businesses to make use of public space (sidewalks and parking spaces) in the District of Oak Bay. This project will include the following steps:

  • January 2023 - Public and business survey (available online and in-person)
  • February 2023 - Stakeholder consultation and Community Forum
  • March 2023 - Draft report and recommendations to Council for consideration
  • Spring 2023 - Completion of Engagement Summary and draft Regulation
  • Summer 2023 – Regulation adopted in Streets and Traffic Bylaw

With the new program adopted, existing patio owners have until December 31, 2023 to obtain a new Sidewalk Patio License under the new regulation. In most cases this license will be reviewed and approved by staff based on the regulations. Only in cases where a patio owner seeks to extend the patio past the frontage of the business, Council will review and decide whether to allow for a longer patio.

Background

In May 2020, the Province introduced a Temporary Expansion Service Area (TESA) to allow licensed “food primary” establishments to serve customers on public property while complying with pandemic-related health orders and requiring local government approval.

To support the Province’s initiative, the District developed Temporary Sidewalk and Parking Stall Patio Street Occupancy Permits to let food and liquor establishments expand onto sidewalks and roads.

The Provincial TESA permits will expire by the end of 2024 while the current Oak Bay approvals will expire on December 31 this year.

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