Temporary expanded service area (TESA) authorization

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About

In response to the COVID-19 pandemic and the Provincial Health Officer’s (PHO) orders, the Liquor and Cannabis Regulation Branch (LCRB) implemented Temporary Expanded Service Area (TESA) authorizations starting in May 2020.  A TESA authorizes Food Primary, Liquor Primary, and Manufacturer licensees to temporarily expand their service areas but does not increase the approved occupant load or capacity.  The increased service area allows licensees to serve patrons while allowing physical distancing. 

Licensees were able to apply online for an expedited TESA authorization at no charge until November 1, 2021, when the LCRB stopped accepting new applications. 

TESA expiry 

Bulletin 23-01 extends the expiry date of TESA authorizations to December 31, 2024.

Approved TESA authorizations are extended to December 31, 2024. Licensees do not need to apply for extension and there is no cost. 

It's important to note that your local government or Indigenous Nation (LG/IN) may require other permits or licences to continue operating your TESA. Please reach out to your LG/IN to ensure you are following local requirements.

Apply for a permanent service area

 To operate your TESA past the expiry date, apply for a:

  • New outdoor patio, 
  • Permanent structural change
  • Manufacturer endorsement

Approval for a permanent structural change can take up to 10 months to complete. Applying early can help prevent disruptions in business after the legislated expiry date.

Not all TESA authorizations may be suitable as permanent patios. Before you apply and pay the fee: 

  • Work with your local authorities to make sure the permanent patio or structural change follows local bylaws and rules
    • For example, check if the patio is on public property or Agricultural Land Reserve

Patio licensing

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Occupant load

Before the application is submitted, you need a floor plan with a current occupant load stamp signed and dated within the last 12 months. The floor plan should clearly show the structural change. The application will not be approved without an occupant load stamp on the floor plan. 

The occupant load is generally determined by the local government or Indigenous Nation fire and/or building authorities. If the LG/IN will not provide the occupant load, the licensee should submit a letter with the application stating this. The Branch will then accept an occupant load stamp dated and signed by a registered professional architect or engineer.

 

Patio bounding 

The LCRB made important policy changes to support the transition of TESAs to permanent service areas. Section 16: Patios in the Liquor Policy Manual, and the terms and conditions handbooks were updated to reflect a new policy on patio bounding.

The updated policy requires the boundaries of outdoor service areas to be clearly marked and is less prescriptive on the nature/type of patio bounding. Licensees are responsible for selecting patio bounding to ensure compliance with regulations.

 

Valid interest

Although a patio is a permanent addition to a licence, licensees only need valid interest for the patio area when the patio is in operation. For example, if a licensee only intends to sell and serve liquor on the patio between April and September, they need only have valid interest for that period.

A licensee may be required to provide documents that prove valid interest in their application. For example:

  • Certificate of Title demonstrating ownership
  • Annual lease agreement
  • Letter of confirmation from the owner of the land or municipality 
 

Seasonal patios

Licensees with seasonal patios are still required to apply for a new outdoor patio to operate their TESA permanently. Licensees can indicate which months the patio will be operating when submitting the application. Once a permanent structural change or patio is approved, licensees do not need to reapply annually to the LCRB. Local governments or Indigenous Nations may have a separate application process for patios in their jurisdiction. 

 

How to apply

Liquor Primary or Food Primary

To apply as a Liquor Primary or Food Primary licensee:

  1. Log in to the liquor and cannabis licensing portal with a BCeID
  2. Go to the "Licences and Authorizations" dashboard and find the licence you want to change.
  3. Select:
    • "New Outdoor Patio" for an outdoor TESA or 
    • "Structural Change Application" for an indoor TESA
  4. Complete the application.

Manufacturers

The instructions for Manufacturer licensees vary depending on the service area or licence endorsement the TESA is associated with. Visit the Change a manufacturer licence page to see which application can make your TESA permanent. 

Fee

Liquor Primary and Food Primary application fee: $440

Manufacturer application fee: Varies

Information for local authorities

If local bylaws or requirements change and prevent the operation of TESAs in that jurisdiction, the local authority should advise the LCRB.

Local governments and First Nations can find out more about the community input process and their role in liquor licensing.

Liquor Primary or Manufacturer patios

New outdoor patio applications are sent to the local government or Indigenous Nation to complete the resolution and community input process for: 

  • Liquor Primary licensees
  • Manufacturer lounge or special event area endorsements

Food Primary patios

A new outdoor patio for a Food Primary licence will not be sent to the local government or First Nation, since the community input process and resolution are not required. However the licensee is expected to have the required permits in place when applying for the patio.  

Other Manufacturer TESAs

Local approvals for manufacturer change applications depend on the type of endorsement associated with the TESA.