In order to operate an outdoor patio on public or private property in the Town of Whitby, you must have a permit.
Review the Outdoor Sidewalk Patio Cafés By-law.
Apply for a permit
Complete the application and submit it by email. Application processing takes five to 10 business days.
Please provide the following with your application:
- Sketch detailing patio location and layout
- Liability and property damage insurance in the amount of $5 million (minimum), naming the Town of Whitby as insured
Contact us for a copy of the Outdoor Sidewalk Patio Café Permit Application.
Fees
It costs $200 to apply for a permit.
Guidelines and approvals
If you want to extend or establish an outdoor patio on private or public property, review the Town's approval processes and guidelines:
Downtown patio guidelines
Restaurants located in Downtown Whitby are eligible to participate in the Streetside Patio Project. Send us an email or give us a call at 905.444.3164 for more information.
| Streetside Patio Project Guidelines |
- The restaurant must be located in Downtown Whitby. Restaurants along Dundas Street are not eligible in order to maintain traffic lanes required during peak morning and afternoon rush hour times.
- The following guidelines will be considered as part of any location:
- Encroachment of the patio and associated pedestrian boardwalk into one or two on-street parking spaces would have minimal impact on the businesses near them;
- The temporary boardwalk could be safely installed;
- The existing sidewalk is wide enough to accommodate a patio with little or no street furniture, utilities, etc. in close proximity; and
- No impact to transit.
- The restaurant owner/applicant is responsible for the costs associated with constructing their streetside patio including material, labour, installation, removal and storage.
- The restaurant owner/applicant is responsible for the costs associated with constructing the pedestrian boardwalk around the patio to the Town of Whitby specifications.
- The Town of Whitby is responsible for the removal/relocation of any street furniture as appropriate, including but not limited to the parking meter (not including the post) or waste receptacles.
- The restaurant owner/applicant is responsible for obtaining a patio permit from the Town of Whitby and associated fees (permit fee is $200 subject to change). The permit requires a sketch showing location/size and provides further details on fencing, landscaping, and occupant load. The restaurant is required to provide the Town with a Certificate of Insurance ($5 Million), naming the Town of Whitby as an additional insured. Other permits and fees may apply (i.e. Region of Durham Health Department).
- The restaurant owner/applicant is responsible for obtaining an Alcohol and Gaming Commission of Ontario (AGCO) Licence (if required) and any associated fees. Please note that additional lead time may be necessary in order to obtain the permit due to processing time.
- The Town of Whitby will work with the applicant to develop an appropriate site plan showing dimensions / location of the patio to be submitted with the permit application.
- The streetside patio can operate from May 1 to October 31, pending approval of necessary permits, and subject to weather. Poor weather conditions may require an earlier closure and removal of the patio and pedestrians boardwalk.
- The restaurant owner/applicant agrees to provide customers with a Town of Whitby survey, if requested, and provide completed surveys back to the municipality. The owner/applicant further agrees to provide the municipality with feedback on the successes or challenges so that the Town can evaluate the project.
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