Temporary Patio Licence Application (2024) 

Business Information:

Legal Name of Business must match the Ontario Business Registry

Patio Details and Use Duration:

Conditions of Use 

The Corporation of the City of Peterborough (the “City”) is granting the Licence Holder a revocable licence to use the Licenced Area during the Licence Term. By signing this Licence, the Licence Holder agrees to comply with, and be bound by, the following terms and conditions: 

1. Licence Term – The Licence Holder acknowledges that this Licence applies during the Licence Term only and is intended to be temporary in nature. The Licence Holder further acknowledges that the terms of this Licence, including, without limitation, all construction and design requirements associated with this Licence, are subject to change following expiry of the Licence Term. 
2. Licenced Use and Conditions for Keeping Licence 
   1. The Licence Holder shall only use the Licence Area for the Licenced Use and for no other purpose. The Licence Holder shall not allow the Licenced Area to be vacant or unused for a period of more than 5 consecutive business days. 
   2. The Licence Holder will conduct its business in the Licenced Area in such a manner so as not to interfere with other businesses and residents. In no event shall a Licence Holder cause or permit a line-up of people to form or people to congregate on a municipal sidewalk. The Licence Holder must not permit patrons to queue on any portion of the municipal sidewalk or road outside the Licenced Area. 
   3. The Licence Holder will, at its sole cost, obtain and comply with all approvals, permits, licences and standards required to enable the Licence Holder to operate the Licenced Use in the Licenced Area, including, without limitation, any approvals, permits, licences or standards required by the Alcohol and Gaming Commission of Ontario and the Peterborough Public Health (“Public Health Officials”). This Licence may be provided by the Licence Holder to any authority as evidence of the City’s consent to the patio on the terms and conditions specified in this Licence. The Licence Holder shall not permit animals, except service animals, to enter the Licenced Area nor permit any animal to be chained to or tied to any barrier or fence which delineates the Licenced Area. 
   4. The Licence Holder must not conduct business in any area outside of the Licenced Area and must not encumber the sidewalk or road in any way, including, without limitation, by placement of sandwich board signs, umbrellas, planters, chairs, or any similar objects. The Licence Holder must not allow any objects including but not limited to bicycles and signs to be affixed to or leaned against any barrier or fence in the Licenced Area.  
   5. The Licence Holder will pay, when due, all taxes, rates, levies and assessments which may be levied or assessed against the Licence Holder as a result of operating its business within the Licenced Area.  
      
3. Condition of Licenced Area – The Licence Holder accepts the Licenced Area in an “as is, where is” condition. The Licence Holder irrevocably represents that it has satisfied itself that the Licenced Area is suitable for conducting the Licenced Use and that it understands that the City has no responsibility to make any repairs, alterations, or any improvements whatsoever to the Licenced Area.   
4. Maintenance of Licenced Area 
   1. The design and specifications for the barrier, fence and/or demarcation lines which establish the boundary of the Licenced Area will be determined solely by the City. The Licence Holder will install, at its expense, any barrier, fence and/or demarcation lines around the Licenced Area as may, from time to time, be required by the City and/or by any governmental or other authorities having jurisdiction thereover. The City reserves the right to provide specific barriers or fencing at its expense, which, if provided, the Licence Holder shall use as directed by the City.  
   2. The Licence Holder will, at all times during the Licence Term, at its sole cost and expense, keep and maintain the Licenced Area in a clean and tidy manner, free of debris, refuse and hazards. 
   3. The Licence Holder must not alter the Licenced Area in any way without the City’s prior written consent and will construct and maintain the Licenced Area in accordance with the City’s directions, if any. Without limitation, the Licence Holder must not apply permanent markings on, stake, spike or dig into the concrete/pavement on the Licenced Area without the City’s prior written consent. 
   4. The Licence Holder must have regard for accessibility needs of individuals and will implement such measures as are feasible to address such needs. 
   5. The Licence Holder will, at its sole cost, immediately repair any damage to the Licenced Area caused or contributed to by the Licence Holder, its agents, employees, contractors and/or invitees. 
      
5. Removal – If the Licenced Area is typically part of the travelled portion of a road or street, then the City at the end of the Licence Term, will, at its sole cost, remove all fixtures, barriers, fences, and demarcation lines from the Licenced Area. If the City determines that the Licence Holder, through the placement or use of furniture or equipment, has caused damages to the Licenced Area, the Licence Holder shall re-imburse the City for its costs to repair all damage and restore the Licenced Area to a condition acceptable to the City. If the Licenced Area is typically part of a municipal sidewalk, the Licence Holder will, at its sole cost, remove all furniture, fixtures, equipment, barriers, fences, and demarcation lines from the Licenced Area. If the City determines that the Licence Holder’s use of the Licenced Area has caused damage to the Licenced Area, the Licence Holder shall re-imburse the City for its costs to repair all damage and restore the Licenced Area to a condition acceptable to the City.  
6. Notice of Removal – It is anticipated that removal will take place between September 30th through to October 25th. The City will aim to provide the Licence Holder with a minimum of 7 days notice that the patios will need to be removed by the Licence Holder. The timing of the City’s notice will be weather dependent.  
7. Compliance with Laws – The Licence Holder will do everything necessary to comply with all applicable laws, regulations, by-laws and with the advice, recommendations, and instructions of Public Health Officials with respect to the Licenced Area and the operation of the Licence Holder’s business therein. 
8. Insurance – Before taking possession of the Licenced Area, and throughout the Licence Term, the Licence Holder will (1) obtain the insurance coverage which a prudent licensee, operating a similar business, would maintain; and (2) without limiting the general nature of the previous requirement, provide to the City a certificate of insurance confirming that the Licence Holder maintains at least the following insurance: 
   1. Commercial General Liability insurance, subject to limits of not less than $2,000,000 inclusive per occurrence. To achieve the desired limit, umbrella or excess liability insurance may be used. The coverage shall include, but not be limited to:
      1. Bodily injury including death; 
      2. Damage to property including loss of use thereof; 
      3. Premises and operations liability; 
      4. Products and completed operations liability; 
      5. Blanket contractual liability; 
      6. Cross liability or severability of interest clause; 
      7. Contingent employer’s liability; 
      8. Personal injury liability; 
      9. Contain a waiver of any subrogation rights which the Licence Holder’s insurers may have against the City; 
      10. Contain no materially restrictive language against the activities contemplated under this Licence; 
      11. Name the “Corporation of the City of Peterborough” as Additional Insured, but only with respect to liability arising out of the operations of the named insured; and 
      12. A clause stating that the Suppliers insurance policy will be considered as the primary insurance and shall not call into contribution any other insurance that may be available to the City. 
      13. If the Licence Holder’s operations involve the sale/consumption and/or service of alcohol Host Liquor Liability with a limit no less than $2,000,000.  
      14. Afford 30 days notice of cancellation to the City. 
      15. Be issued by underwriters licensed to transact business in Ontario. 
   2. any other form of insurance and with whatever higher limits the City, acting reasonably, requires.
   3. if the insurance policy is scheduled to renew during the Licence Term the Licence Holder is responsible for providing a renewal certificate of insurance within seven (7) days of expiry.
9. Indemnity – The Licence Holder will defend, indemnify and save harmless the City from all losses or claims in connection with loss of life, personal injury, damage to property or anything else arising from a default of any of the Licence Holder’s obligations under this Licence, or from any occurrence in or relating to the Licenced Area, or from the occupancy or use by the Licence Holder of all or any part of the Licenced Area, or occasioned wholly or in part by an act or omission of the Licence Holder or those for whom the Licence Holder is legally responsible or by anyone Licenced to be on the Licenced Area by the Licence Holder. Notwithstanding the foregoing, the Licence Holder will not be required to indemnify and protect the City from losses or claims arising directly from the gross negligence of the City or of those for whom the City is legally responsible. 
10. Release – All property kept in, on, or at the Licenced Area will be so kept at the risk of the Licence Holder. The Licence Holder releases the City from every claim which the Licence Holder might receive, have or acquire in connection with its use and occupation of the Licenced Area, including without limitation, any claims arising from personal injury, including death or dismemberment, damage, loss or theft of property regardless of how it arises or is caused.  
11. Termination – The City may revoke or suspend this Licence immediately upon written notice to the Licence Holder for breach of any provision or condition of this Licence. Upon termination by the City hereunder, the Licence Holder agrees to vacate the Licenced Area immediately and to leave the Licenced Area in a condition acceptable to the City. The City may at any time, for any reason whatsoever, or for no reason, terminate this Licence upon no fewer than 15 calendar days’ prior written notice to the Licence Holder. Notwithstanding anything else contained in this Licence, the City may immediately revoke or suspend this Licence or reduce the boundary of the Licenced Area if the Licenced Area, or any portion thereof, is required for the City’s use. 
12. No Assignment – This Licence is personal to the Licence Holder and cannot be transferred or assigned without the City’s prior written consent (which may be withheld in the City’s sole, absolute and subjective discretion). 
13. Licensor/Licensee – Nothing contained in this Licence or as a result of any acts of the parties will be deemed to create any relationship between the parties other than that of licensor and licensee. 
14. Licence Prevails – The Licence Holder acknowledges that this Licence supersedes all other leases, licence agreements or Licences made by the parties prior to the date of this Licence. 
15. Fire Inspection – The Licence Holder shall provide proof of Annual fire protection systems reports and semi-annual kitchen system report. Failure to do so may result in this permit being revoked. 
16. Business Licence - The Licence Holder acknowledges that they are required to have an active business licence issued by the City. This permit becomes invalid without the accompanying active business licence. 

Each of the undersigned who executes as the Licence Holder or on behalf of the Licence Holder has read and agrees to be bound by the terms and conditions of this Licence, and hereby represents and warrants that the said undersigned executes this Licence as the Licence Holder or, where executing on behalf of the Licence Holder, has sufficient power, authority, and capacity to bind the Licence Holder with the undersigned’s signature. 

Payment:

A Temporary Patio License Application is subject to a non-refundable $320 application fee. Submission of this application constitutes consent for authorized municipal staff to enter upon the subject property for the purpose of evaluating the merits of this application.

If paying by cheque please mail or drop off the applicable fee to City Hall Reception attn: Planning, Development and Urban Design Division, Patio License Fee. All cheques shall be made payable to the Corporation of the City of Peterborough.

For questions or inquiries contact Nicole Huculiak, Urban Design Supervisor
by email nhuculiak@peterborough.ca or by phone 705-742-7777 ext. 1654