It’s patio season – and time to change size rules for restaurants: councilors

Its patio season and time to change size rules

After a flurry of new and expanded patios built to help London restaurants weather pandemic lockdowns, two city councilors are asking city hall to scrap a bylaw restricting their capacity.

After a flurry of new and expanded patios built to help London restaurants weather pandemic lockdowns, two city councilors are asking city hall to scrap a bylaw restricting their capacity.

Patios in London are limited to half a restaurant’s indoor capacity, or 50 people, whichever is higher.

Goal Ward 13 Coun. John Fyfe-Millar, who represents the downtown, and east-end Ward 2 Coun. Shawn Lewis says it’s time to eliminate that cap, or at least boost it, permanently.

We have restaurant owners who are nervous about purchasing infrastructure,” he said, of building out patios.

Any existing patios that got the green light last year are allowed through the end of 2022, but there’s no guarantee beyond that. This pitch is about giving restaurant owners more certainty, Fyfe-Millar said.

The restaurants know they’re good this year, but I’d love for them to go into the summer knowing, ‘We can purchase materials we know we’ll be able to use next year.’ When we look at supply chain issues, they may be purchasing patio materials they may not receive until next year.”

Mark Kitching surveys the patio at Waldo's on King on May 14, 2020. (Mike Hensen/The London Free Press)
Mark Kitching surveys the patio at Waldo’s on King on May 14, 2020. (Mike Hensen/The London Free Press)

Other rules still apply to outdoor patios, including zoning limits – crucially, an eatery can’t spill out onto public space like a sidewalk without approval from city hall – plus requirements from the Alcohol and Gaming Commission of Ontario.

Any patio problems can be dealt with on a case-by-case basis, Fyfe-Millar said, citing COVID-19 and the loosened patio requirements for restaurateurs as proof.

“There have to be ground rules for every land use,” Jim Yanchula, city hall’s core area and urban regeneration manager, said of the zoning associated with patios.

But city staff can review higher capacity limits or a different percentage based on the indoor space, he said.

“We just have to know what council wants us to look at.”

The request from Fyfe-Millar and Lewis goes to council’s planning committee on Monday.

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