Special Notice: Regional Council has waived the application fees for sidewalk cafes for the 2021 season. The fees are waived from April 7, 2021 to December 31, 2021. All cafes must still go through the application process. Any questions, please phone 311.
** Accessibility Update**
To ensure that all residents are able to safely move throughout the streets and sidewalks in HRM, we ask that all cafes review the following items and action them by August 30, 2021:
The path of travel around restaurant patios, located in the typical path of travel, should be separated from the patio by a cane-detectable barrier.
A cane-detectable barrier is a physical obstruction that can be detected by a person using a cane, located at or near grown level. As per CSA B651 the physical barrier must be within 680 mm (27 inches) from ground level (see attached illustrations).
- For cafes with post and rope barrier, a secured 2X4 on edge or 4X4 on the ground (or within 680mm of ground) between posts.
- The detectable barrier must not protrude into the path of travel beyond the posts that enclose the café.
- Raised patios with an open area below, greater than 680mm from ground will require full skirting or a cane detectable barrier.
If you have questions on this change please phone 311 to speak with Licensing staff.
What is a sidewalk café?
A sidewalk café means a deck, patio, ramp, temporary sidewalk, group of tables and chairs and other accessories situated on a street including a sidewalk for the use of consumption of food and beverages sold to the public.
There are several licences that businesses may apply for.
Seasonal Café (Up from April 15th – November 15th of a given year)
A seasonal café is licensed from April 15th to November 15th in the same calendar year. Café construction cannot begin until the “Permission to Construct Letter” is received from the Licensing Office.
There are variations of seasonal cafes including:
Seasonal Unenclosed Café Lite
- If you can maintain 7ft of pedestrian clearance, you may apply for a café lite.
- Tables and chairs are placed on the sidewalk each day and removed by closing time.
- Serving of alcohol is not permitted and you are not required to have a barrier around the café.
- There is no fee for this type of café.
- You must submit a complete application form and provide required documents.
Seasonal Unenclosed Café
- If you can maintain 7ft of pedestrian clearance, you may apply for a Seasonal Unenclosed Café. Tables and chairs are permitted on the sidewalk but do not have to be brought in at closing time each day. Serving of alcohol is not permitted and you are not required to have a barrier around the café.
- The licensing fee is $250.00
- You must submit a completed application form and provide required documents (see below)
Seasonal Enclosed Small Café
- All sidewalk cafes licensed for alcohol must be enclosed by a barrier
- A small café is a maximum of 100 square feet
- The licensing fee is $400.00
- You must submit a completed application form and provide required documents (see below)
Seasonal Enclosed Large Café
- All sidewalk cafes licensed for alcohol must be enclosed by a barrier
- A large café is larger than 100 square feet
- The licensing fee is $800.00
- You must submit a completed application form and provide required documents (see below)
Annual Café (Licensed up to 1 year)
An annual café licence allows a sidewalk café for a period not exceeding one calendar year. This licence may be renewed prior to expiry. The fee for an annual café licence is $1,000.00. You must submit a completed application form and provide required documents (see below).
What should I know before applying for an annual café licence?
The business owner will be responsible for all snow removal on the patio and the temporary sidewalk. Snow windrows created by municipal plowing activities due to patio obstructions will also be the responsibility of the business owner. More information on snow removal may be found on the Winter Operations page.
What do I need to apply for a sidewalk café licence?
You’ll need to provide the following documents when you apply for a sidewalk café licence:
- Completed licence application form [PDF]
- Detailed construction drawings which are:
- technical drawings and specifications used to specify assembly requirements for elements of the sidewalk café;
- Site plan which shows:
- (i) the location of the sidewalk café relative to the street and the sidewalk,
- (ii) the location of any municipal street furniture and municipal infrastructure that is located within the proposed location of the sidewalk café, and
- (iii) the principle use of the property which has applied for the café licence
- Café plan which shows:
- the layout and size of the sidewalk café including the amount and location of furniture and exits and, if the applicant is providing a security deposit, the total frontage measured in feet that the sidewalk café fronts on each street
- Proof of insurance which must include:
- Commercial General Liability Insurance in the amount not less than two million dollars
- If alcoholic beverages are served or consumed at the café, “liquor not excluded” must be listed
- The insurance must note the business name and civic address of the café
- The insurance must cover the café for the licensed term
- Halifax Regional Municipality listed as Additionally Insured
- Commercial General Liability Insurance in the amount not less than two million dollars
- written consent from the owner of the principle use property if other than the applicant or security deposit
- fee payment
| Café type | Fee |
|---|---|
| Seasonal unenclosed café (where tables and chairs are removed from the sidewalk each day by the closing time of the principle use property) | No Fee |
| Seasonal unenclosed café (no alcohol is permitted to be served) | $250.00 |
| Seasonal enclosed “small café” (100 square feet maximum) | $400.00 |
| Seasonal enclosed “café” (larger than 100 square feet) | $800.00 |
| Annual sidewalk café | $1000.00 |
| Infrastructure fees: parking pay station, street post, or sign removal/reinstatement | $150 per pay station/post/sign per café season |
What do I need to know when preparing my plans?
Common Sidewalk Café Terms
barrier means a fence, railing or other obstacle that prevents or restricts the movement or access of pedestrians;
municipal street furniture includes bus shelters, banners, flower pots, benches, waste receptacles and other decorations located in the street;
municipal infrastructure includes infrastructure that supports the provision of municipal services and includes public trees, light standards, street lights, traffic signals, traffic signs, parking meters and other municipal signs;
Things to Reminder When Preparing Your Plan
To allow sufficient space for utility trucks and/or equipment to access the utility services such as water valves, manholes, located near or same area as your sidewalk café.
Do I need a temporary sidewalk?
You’ll need to install a temporary sidewalk adjacent to your sidewalk café if the café barrier is installed in such a way that it reduces the width of the sidewalk to less than 2.1m (7 feet), including being obstructed by sidewalk cafés, municipal infrastructure or municipal street furniture.
List of possible items on front of the building to include in your plans (if applicable)
- current exits (must be maintained)
- fire department connections
- gas connections
- existing vents
- communication connections
- power meters
- canopy
- sandwich board (must be licensed through licensing authority and must not block pedestrian access)
List of possible items to be included in your plans along with the distance from the barrier to the item(s)
- fire hydrants
- street lights
- garbage cans
- mail boxes
- bicycle racks
- bus stop benches and shelters
- street signs (including signs to be removed) (0.15m of the base of street sign must remain in ground)
- parking pay station
- trees and plants
- benches
- utility services, for example manholes or shut off valves (access must remain)
- catch basins (access must remain)
Refer to the Sidewalk Café Brochure [PDF] and Sidewalk Café Brochure on Argyle/Grafton Street [PDF] for examples of the drawings and plans.
Barrier Requirements
- All sidewalk cafés licensed for alcohol must be enclosed by a barrier that is at least 0.9 m (3’-0”) in height, and no more than 1.2 m (4’-0”) high.
- Barriers higher than 0.9 m (3’-0”) shall be at least 30 m (98’-0”) away from the nearest intersection.
- The barrier shall be installed in such a way that it does not reduce the unobstructed sidewalk width to less than 2.1m (7 feet), failing which, a temporary sidewalk shall be installed by the proprietor adjacent to the sidewalk café.
- Barrier shall be setback at least 0.45 m (1’-6”) from any municipal street furnishings.
- Minimum barrier setback from fire hydrants shall be 1.2 m (4-0”’).
- Barrier footings shall not penetrate the sidewalk.
Temporary Sidewalk Requirements (If Applicable)
- Temporary sidewalks shall be guarded by a traffic barrier at ends exposed to vehicular travel.
- Traffic barriers shall be no less than .81 m (2’-8”) in height and no more than 1.05 m (3’-6”) in height (in total of all elements).
- Traffic barriers shall incorporate reflectors.
- Temporary sidewalk surfaces shall be slip resistant and barrier free access.
- Construction details of the temporary sidewalk, includes location, dimensions of the traffic barrier / planters including material and plant height (if applicable)
- Dimensions including the width, length and distance to municipal infrastructure or municipal street furniture.
- Temporary sidewalk construction shall maintain existing drainage patterns and storm water runoff volumes.
- Finish details of the temporary sidewalk (must be slip resistant finish)
- Placement of temporary sidewalks shall not impede vehicular and pedestrian traffic movement or safety.
- Temporary sidewalk surfaces shall not impede pedestrian movement.
Deck Requirements
- Deck exceeding a height of 0.6 m (2’-0”) requires stamped structural design plans
- Construction details of a café base (cannot be fastened to sidewalk)
- Construction details of café structure includes materials, size and spacing
- Finish details of café deck and barrier free access
- Construction details of barrier including height (0.9 m (3’-0”) to 1.2 m (4’-0”)).
- Location of the seating, tables and umbrella’s (approximate)
- Decks shall not be constructed over underground services (hydro vaults, chambers, maintenance holes, manholes, valves, etc.), without prior written approval from the relevant public utility, and must provide access to the infrastructure to the satisfaction of the affected utility.
- Decks shall be as close to the elevation of the existing sidewalk grade as possible (accommodating a level surface area and deck framing).
- Where alternate barrier-free access to the principle use property is not available, a ramp shall be provided within the deck area to facilitate barrier-free access.
Furnishings
- Plant material shall be contained within the sidewalk café.
- Umbrellas shall be made of non-combustible material and when open, not extend beyond the sidewalk café’s barrier.
Frequently Asked Questions
Q: Who should I contact for a license to serving alcohol on the sidewalk café?
A: For approval to service liquor on your patio contact Alcohol & Gaming by calling 1-877-565-0556 or visit Alcohol & Gaming website https://novascotia.ca/sns/access/alcohol-gaming.asp
Q: Who should I contact if my café or temporary sidewalk requires a sign post to be removed?
A: Upon receipt of your permission letter, you will see a condition that asks you notify staff five (5) business days before the start of construction. All posts must be removed by HRM staff.
Q: When will I be able to start to build my sidewalk café?
A: For seasonal cafés, once you have received your permission to construct a sidewalk café letter, construction can commence between April 15th to November 15th, in a given calendar year. Annual cafes may construct as soon as you receive your permission to construct letter.
How long will it take to obtain a licence?
From March – June, the Licensing office receives a high volume of sidewalk café applications. The processing time to receive a Permission to Construct Letter will vary and we encourage business owner’s to apply in January or February to ensure you are approved before the seasonal café term which begins April 15th.
Ready to apply?
Submit a completed sidewalk café licence application form [PDF] along with the supporting documentation listed above to one of these municipal Customer Service Centres:
- Bayer's Road: 7071 Bayers Road, 2nd Floor Towers, Halifax
- Alderney Gate: 40 Alderney Drive, Dartmouth
Service hours are 8:30 a.m. to 4:30 p.m., Monday to Friday. Closed on statutory holidays.
How do inspections work?
Once the café is constructed, you are required to request an inspection. Please contact 311 to put in a request for an inspection.
For seasonal cafes: Another inspection automatically takes place on the day following the expiry date of your licence to ensure all infrastructure has been reinstated and the café has been removed.