Serving liquor on a BC patio: new outdoor patio applications after the TESA ended

Many BC restaurants served drinks outdoors for years under a pandemic authorization. That authorization has ended. If you still have tables outside and a liquor licence, the question is whether those tables are licensed. The Liquor and Cannabis Regulation Branch (LCRB) is the authority on what your patio needs.

What happened to temporary expanded service areas?

The LCRB introduced Temporary Expanded Service Area (TESA) authorizations in May 2020 so Food Primary, Liquor Primary and Manufacturer licensees could expand their service areas. They expired on 31 December 2024. The LCRB says that if you did not apply for a patio, structural change or other application to make the TESA permanent, you cannot serve liquor in the area.

How do you get a permanent patio?

By applying for a new outdoor patio (for an outdoor area) or, for an indoor area, a structural change. You apply in the liquor and cannabis licensing portal with a Business BCeID. The application fee for a Food Primary or Liquor Primary licensee is 440 dollars. The LCRB says approval can take up to 10 months, so apply well before the season.

What do you need to apply?

A floor plan with a current occupant load stamp, signed and dated within the last 12 months, showing the change. The occupant load is generally set by the local government or Indigenous Nation's fire or building authority. If it will not provide one, you can submit a letter saying so, and the LCRB will accept a stamp from a registered professional architect or engineer. Without the stamp the application will not be approved.

How is the patio marked out?

The LCRB changed its policy: the edges of outdoor service areas must be clearly marked, and the policy is less prescriptive about the type of bounding. You choose, and you are responsible for compliance.

What if the patio is only open in summer?

Seasonal patios must still apply for a new outdoor patio, and can state the months of operation in the application. Once approved, you do not need to reapply every year to the LCRB. Valid interest in the space is needed only when the patio is operating, so a lease that runs from April to September can be enough. You may be asked for proof such as a title, a lease or a letter from the land owner or municipality.

What about the city?

A local government or First Nation can have its own bylaws and permits for patios. You are responsible for confirming your patio follows local rules before applying, for example whether it is on public property or the Agricultural Land Reserve. The LCRB says hours of service, capacity and entertainment are considered in a patio application.

Does a Food Primary patio go to the community for input?

The LCRB's page for local authorities says new outdoor patio applications from Liquor Primary licensees and some manufacturer lounge endorsements are sent to the local government or Indigenous Nation for community input. Food Primary applications are covered on a separate page. Ask the LCRB which process applies to your licence.

What changes need approval, and what do not?

A new outdoor patio, removing or expanding an existing patio, a change to occupant load or adding or removing a service area all need an application. Cosmetic changes, moving furniture and changing a partial-height divider that does not change the service area do not.

What if you only changed the layout inside?

An indoor TESA that you want to keep needs a structural change application, not a patio one, and the LCRB lists changes to the size of a service area, the position of exterior entry or exit points and the occupant load as structural changes. Moving moveable furniture, repainting and changing flooring do not need approval. If you are unsure, ask the LCRB client support team before you build, because the 10-month processing time is a long wait if the answer is no.

Your patio plan

1. Check whether your patio is licensed today.
2. If not, stop serving liquor there until you are approved.
3. Get the occupant load stamp.
4. Confirm local permits and your lease.
5. Apply early, with your seasonal months.
6. Put the approval date in your calendar for next year.

For the licence types, see liquor licences for BC restaurants and Serving It Right. For takeout and delivery drinks, read alcohol with takeout and delivery.

More in the Canadian guides for food businesses.