An eating or drinking establishment licence is what you need from the City of Toronto if your business involves preparing or serving food and drinks for people to consume on-site. This covers a lot of ground, from sit-down restaurants to cafes. It can also include places that offer take-out service. Even if you plan to have some entertainment or live music, it generally falls under this licence category, though specific rules might apply.

Distinguishing Between Establishment Types

Toronto has different categories for these licences. A standard eating or drinking establishment licence is for businesses primarily focused on serving food and beverages. However, if your establishment also features significant entertainment, serves alcohol, operates late, or has a large capacity, it might be classified as an ‘Expanded Activity’ eating or drinking establishment. This distinction is important because it can affect the application process and operational requirements.

Expanded Activity Establishments

An expanded activity eating or drinking establishment licence is for businesses that go beyond just serving food and drinks. These places often have a liquor licence, offer entertainment like live music or performances, stay open past 11 p.m. most nights, or can hold more than 150 people. Meeting three or more of these criteria typically means you’ll need this specific type of licence. It’s designed for venues with a more complex operational profile.

It’s important to correctly identify the type of licence your business requires. Misclassification can lead to delays or issues with your application and operations. Always refer to the official City of Toronto guidelines or consult with the licensing department if you are unsure.

The core purpose of these licences is to ensure public safety and maintain standards within the city’s food and beverage sector.

Here’s a quick look at what might qualify for an expanded activity licence:

Operates past 11 p.m. for the majority of its open days.
Holds a liquor licence.
Offers amusement, entertainment, or live performances.
Has an occupant load exceeding 150 people.

Eligibility and Application Requirements

Who Can Apply for a Toronto Restaurant Licence

To get a licence to operate an eating or drinking establishment in Toronto, you need to meet certain criteria. Generally, any individual, partnership, or corporation that intends to operate such a business can apply. However, the city will review your application to make sure you’re a suitable candidate. This involves checking your background and ensuring your proposed business aligns with city regulations. It’s not just about filling out forms; it’s about demonstrating you’re ready to run a licensed establishment responsibly.

Essential Documents for Sole Proprietors

If you’re planning to open a restaurant as a sole proprietor, you’ll need to gather specific documents. This typically includes proof of your identity, such as a Canadian birth certificate, passport, or permanent resident card. You’ll also need a provincial business name registration if you’re operating under a name different from your own legal name. An operating information questionnaire and an occupancy declaration form, signed by both you and your landlord, are also required. Don’t forget the noise control plan and patron management plan – these show you’ve thought about how your business will affect the neighbourhood.

Corporate Application Documentation

For corporations looking to obtain a restaurant licence, the documentation requirements are more extensive. You’ll need to provide articles of incorporation and/or a corporate profile report. Additionally, two pieces of identification for all officers and directors are necessary, with at least one being a photo ID. A criminal record and judicial matters check for each officer and director is also mandatory. An annual return for the corporation declaration is required, and if a specific individual is signing on behalf of the corporation, a dated letter of authorization from a director is needed.

Here’s a quick look at what corporations need:

Articles of Incorporation / Corporate Profile Report
Two pieces of identification per officer/director (one photo ID)
Criminal Record & Judicial Matters Check per officer/director
Annual Return for Corporation Declaration
Letter of Authorization (if applicable)

It’s important that all names on your documents match exactly. Any discrepancies can cause delays or even rejection of your application. Make sure you have everything ready before you start the process.

Navigating the Zoning Review Process

Before you can get your eating or drinking establishment licence in Toronto, you’ll likely need to get zoning approval. This step makes sure your business fits with the rules for land use in the specific area where you plan to open. It’s a key part of the process, especially for new ventures.

Importance of Zoning Review for New Businesses

For most new business licence applications, zoning approval is a must. City staff will start this review once they receive your application. It’s their way of checking that your proposed business activity aligns with the zoning by-laws for that location. Think of it as a check to make sure your restaurant or cafe won’t cause issues with the neighbourhood’s intended use.

Exemptions for Existing Business Transfers

There’s a bit of good news if you’re taking over an existing business. If the establishment already has a valid business licence, or if its licence expired less than three years ago and it was for the same type of business, you might be able to skip the zoning review. In these cases, you’ll need to fill out and sign an Occupancy Declaration Form instead. This simplifies things when ownership changes hands for an already established and permitted business.

Initiating the Zoning Approval Process

When zoning approval is required, the City of Toronto takes the lead. Once your business licence application is submitted and accepted, City staff will begin the zoning review process. You don’t typically need to initiate this yourself; it’s integrated into the licence application workflow. However, it’s always a good idea to be aware of the zoning by-laws that apply to your chosen location to anticipate any potential issues.

Criminal Record and Judicial Matters Checks

Requirement for Criminal Record Checks

When applying for a licence to operate an eating or drinking establishment in Toronto, you will need to undergo a criminal record and judicial matters check. This process helps the city assess an applicant’s suitability to hold a licence. It’s not just for individuals; if your business is a corporation or partnership, all officers, directors, or partners will also need to complete this check. This is a standard part of the application process for many licensed businesses in the city.

Validity Period of Checks

The criminal record and judicial matters check has a specific validity period. Typically, these checks are considered current for 280 days from the date they are issued. This means you’ll need to ensure your check is still valid when you submit your application. If it expires before your application is processed, you may be required to obtain a new one. It’s wise to get this done closer to your application submission date to avoid any delays.

Impact of Pardons on Screening

If you have received a criminal record suspension (often referred to as a pardon) from the Parole Board of Canada for a past offence, this generally does not prevent you from obtaining a licence. The screening criteria for licence approval are designed to consider current risks and relevant past behaviour. A pardon signifies that you have met the requirements to have your criminal record set aside, and it should not be a barrier to your application. However, it’s always advisable to be upfront about any past convictions and the subsequent pardon when you apply.

Screening Criteria for Licence Approval

When you apply for a licence to operate an eating or drinking establishment in Toronto, the city looks at a few things to decide if you’re a good fit. It’s not just about having the right paperwork; they also consider your past actions, especially anything that might affect public safety or trust. This process helps make sure that licensed establishments contribute positively to the community.

Grounds for Licence Denial

The Municipal Licensing and Standards (ML&S) department has specific reasons for denying an application or a renewal. These criteria are in place to protect the public and maintain the integrity of the licensing system. An application can be denied if the applicant has certain convictions on their record. It’s important to be aware of these rules before you start the application process.

Specific Criminal Code Offences

The city reviews convictions under various sections of the Criminal Code of Canada. Depending on the offence and how long ago it occurred, it could impact your licence application. For instance, convictions related to firearms, offences against the person, property crimes, or fraudulent transactions can be grounds for denial if they fall within specific timeframes.

Here’s a general breakdown of some Criminal Code offences that ML&S considers:

Sexual Offences: Any conviction for a sexual offence against a minor or a person with a disability, at any time, is a serious concern. Additionally, any sexual offence conviction within the last ten years can lead to denial.
Firearms and Weapons Offences: Convictions under sections 84 to 117.15 of the Criminal Code within the past five years.
Offences Against the Person: This includes various assault charges and other violent crimes, with specific sections and timeframes being reviewed (e.g., sections 264.1 to 286.1 within five years, and major assaults/sexual assaults like sections 267, 268, 270.01, 272, 273 at any time).
Property and Fraud Offences: Convictions related to theft, fraud, or other property crimes (e.g., sections 321 to 378 and 379 to 462) within the last five years.
Terrorism and Proceeds of Crime: Offences related to terrorism (sections 83.01 to 83.33) or proceeds of crime (sections 462.3 to 462.5) are also reviewed.

Controlled Drugs and Substances Act Offences

Convictions under the Controlled Drugs and Substances Act are also a significant factor. The time elapsed since the conviction and the nature of the offence play a role in the decision.

Trafficking, Production, and Importing/Exporting: Convictions for these serious drug-related offences within the last ten years can lead to denial.
Possession for Production or Trafficking: Similar to trafficking, convictions for possession with intent to produce or traffic drugs within the last ten years are considered.
Possession Offences: Convictions for simple possession or obtaining under section 4 of the Act within the last five years are also reviewed.

It’s important to note that these criteria are applied to ensure the safety and well-being of the public. The city aims to grant licences to responsible individuals and businesses. If you have any past convictions, it’s advisable to understand how they might affect your application before proceeding.

Other Considerations

Beyond criminal convictions, other factors can influence licence approval:

Municipal By-law Offences: Having five or more convictions under specific Toronto Municipal Code chapters (like those related to property standards or noise) within the last three years can be a reason for denial.
Overdue By-law Fines: Any outstanding fines for by-law infractions must be settled. You’ll need to provide proof of payment if you have any overdue fines.

Pardons and Criminal Record Suspensions: A significant point to remember is that if you have received a criminal record suspension (commonly known as a pardon) from the Parole Board of Canada for an offence, that offence generally will not be used as a basis for denying your licence application. This provides a pathway for individuals to move forward after serving their sentence and demonstrating rehabilitation.

Operational Requirements for Establishments

Maintaining Dining Area Standards

Keeping your dining and any outdoor eating spaces clean and orderly is a big part of running a successful eating or drinking establishment. This means having enough garbage, recycling, and organic bins readily available for customers. It also means having staff on hand to make sure these areas don’t become messy. Adequate supervision of dining areas is key to customer satisfaction and maintaining a positive image.

Food Handler Certification Mandates

Anyone who handles food in your establishment needs to have proper certification. This isn’t just for the cooks; it includes servers, hosts, bartenders, and anyone else involved in preparing or making food and drinks available to patrons. This requirement helps ensure food safety standards are met across the board. You can find more information on accredited food handler certification requirements to help your staff get up to speed.

Accessibility Considerations for Businesses

Making your establishment accessible to everyone is not only a legal requirement but also good business practice. This involves understanding and complying with accessibility laws. Training your staff on how to assist customers with disabilities is also important. The city provides resources on accessibility laws and staff training to help businesses meet these obligations. This ensures all patrons can comfortably enjoy your establishment.

Operating an eating or drinking establishment involves more than just serving food and drinks. It requires attention to the physical space, the cleanliness, the safety of food preparation, and the accessibility for all customers. Meeting these operational standards is a condition of your licence.

Here’s a quick look at some key operational aspects:

Cleanliness: Regular cleaning schedules for dining areas, restrooms, and kitchens.
Waste Management: Sufficient bins for garbage, recycling, and organics, with regular emptying.
Staff Training: Ensuring all food handlers are certified and staff are trained on accessibility.
Safety: Adhering to all health and safety regulations for food preparation and service.

Applying for Your Toronto Restaurant Licence

Online Application Procedures

Getting your licence to operate restaurants, bars, and nightclubs in Toronto can be done online, which is often the quickest way. You’ll need all your documents ready before you start, as the online form takes about 10 to 15 minutes to complete and can’t be saved midway. Make sure you have digital copies of everything required, like your zoning review approval, identification, and any corporate documents if applicable. Payment for the application fee can be made online as well.

In-Person Application Process

If you prefer to apply in person, you can visit the Licence and Permit Issuing Office at 850 Coxwell Avenue. Bring hard copies of all your required documents; digital versions won’t be accepted. Payment in person is accepted via debit, credit, or cheque, but they do not take cash. Walk-in services are available Monday through Wednesday mornings, but capacity is limited. Appointments are available on Fridays only, and you should arrive 10-15 minutes early to check in.

Required Documentation for Submission

Gathering the correct paperwork is key to a smooth application. For sole proprietors, this typically includes photo identification and proof of work status. Corporations will need articles of incorporation, identification for officers and directors, and a criminal record check for all. Partnerships require identification for all partners and a criminal record check. All applicants must also submit a Provincial Business Name Registration or Franchise Agreement Declaration, an Operating Information Questionnaire, and an Occupancy Declaration Form signed by both the property owner and yourself.

Here’s a general list of what you might need:

Photo Identification
Proof of Work Status (e.g., Canadian Birth Certificate, Passport, Work Permit)
Zoning Review for Business Licence approval
Criminal Record and Judicial Matters Check (valid for 280 days)
Corporate documents (if applicable)
Partnership documents (if applicable)
Provincial Business Name Registration or Franchise Agreement Declaration
Operating Information Questionnaire
Occupancy Declaration Form

Post-Application and Licence Renewal

What Occurs After Application Submission

Once your application for a Toronto restaurant licence is submitted, it enters a review phase. City staff will examine your documentation to confirm it meets all requirements, including zoning compliance and any necessary background checks. If your application involves specific activities beyond standard dining, such as live entertainment or the sale of controlled substances, it may be classified as an expanded activity licence, which could involve additional scrutiny or specific conditions. You might be contacted if further information or clarification is needed. The goal is to ensure all aspects of your proposed establishment align with municipal bylaws and regulations before a licence is granted.

Annual Licence Renewal Process

Your eating or drinking establishment licence is not permanent; it requires annual renewal. The expiry date is printed on your licence, typically on the anniversary of its original issuance. The City of Toronto usually sends a courtesy notice by mail to your registered address, outlining the required documents and the renewal fee. However, it is your responsibility as the licensee to track the expiry date and initiate the renewal process, even if a notice is not received. Failure to renew on time can lead to licence cancellation.

Renewal can be completed online or in person at the Licence and Permit Issuing Office. Payment methods typically include debit, credit, or cheque. It’s important to note that renewal fees can vary.

Here’s a general overview of the renewal fees:

Licence Type	Renewal Fee (Approximate)
Standard Eating/Drinking Est.	$251.00 – $349.00
Licence with Expanded Activities	Varies

Note: These fees are subject to change and may not include additional charges for specific permits or services.

Consequences of Non-Renewal

Allowing your Toronto restaurant licence to lapse can have significant repercussions. If you continue to operate without a valid licence, you risk facing penalties, including fines. More critically, your establishment may be forced to cease operations until the licence is reinstated or a new one is obtained. Reapplying after a cancellation often involves a more rigorous process and may require you to meet updated regulatory standards. It is always advisable to manage your renewal well in advance of the expiry date to avoid any disruption to your business.

Operating an eating or drinking establishment in Toronto requires ongoing diligence. Beyond the initial application, maintaining your licence through timely renewals and adherence to all operational standards is paramount. This includes staying informed about any changes in municipal bylaws or specific requirements for your type of establishment, especially if you hold an expanded activity licence.

Legal Considerations and Compliance

Understanding Municipal Code Chapters

Operating an eating or drinking establishment in Toronto means you’ll need to be familiar with the city’s specific rules. The Toronto Municipal Code, particularly Chapters 545 and 546, lays out the requirements for licensing and operating such businesses. These chapters cover everything from the physical space of your establishment to how you manage your staff and customers. It’s important to review these codes to make sure your business is compliant from day one. Ignorance of these regulations is not a defence, so taking the time to understand them is a smart move for any business owner. You can find more information on the Toronto Municipal Code online.

The Role of the Toronto Licensing Tribunal

If there are issues with your licence application or if a licence is refused or revoked, the Toronto Licensing Tribunal plays a significant role. This independent body hears appeals and makes decisions regarding business licences within the city. They review the facts of a case, considering both the applicant’s situation and the city’s regulations. Their decisions are binding, making it important to present your case clearly and effectively if you find yourself before the tribunal. Understanding their process can help you prepare for potential hearings.

Importance of Legal Counsel

While this guide provides information, it is not a substitute for professional legal advice. The specifics of your business, its location, and your personal circumstances can all impact your licensing requirements and obligations. Consulting with a lawyer who specializes in municipal law or business licensing in Ontario can help you navigate complex situations. They can review your application, advise on compliance matters, and represent you if any legal challenges arise. Seeking legal counsel early can prevent costly mistakes down the line.

Frequently Asked Questions

What exactly is an “Eating or Drinking Establishment” in Toronto?

An eating or drinking establishment is basically a place like a restaurant, cafe, or bar where people can buy and consume food or drinks right there. It can also include places that offer takeout or even some entertainment, like live music.

Do I need a special permit if my restaurant plans to have live music or stay open late?

Yes, if your business serves food or drinks and also has a liquor license, offers entertainment, or stays open past 11 p.m. for most of its operating days, you likely need an “Expanded Activity” license. This is a bit different from a standard eating or drinking establishment license.

Who is allowed to apply for a restaurant license in Toronto?

You can apply if you are an individual operating as a sole proprietor, or if you are part of a partnership or a corporation. The city looks at who is legally responsible for the business.

What kind of documents do I need to get a license?

You’ll need things like photo ID and proof of your right to work in Canada. If you’re applying as a corporation, you’ll need company documents and ID for all officers and directors. A criminal record check is also required for everyone involved.

What is a Zoning Review, and do I always need one?

A Zoning Review checks if your business location is allowed for the type of restaurant you want to open. You generally need one for new businesses. However, if you’re just taking over an existing restaurant that already has a license, you might not need this step.

Can a past criminal conviction stop me from getting a license?

The city reviews criminal records. Certain serious offenses, especially those involving sexual crimes against minors or vulnerable people, or drug trafficking, can lead to your application being denied. However, if you have received a pardon for an offense, it generally won’t affect your application.

How much does it cost to get a restaurant license in Toronto?

There are two main fees: an application fee, which you pay when you apply, and a license fee, which you pay once your application is approved. Currently, both fees are $258.00, making the total cost $516.00. These fees include tax.

What happens after I submit my application, and how do I keep my license?

After you apply, the city reviews everything, including zoning approval if needed. Once approved, you’ll get your license. To keep it, you must renew it every year, usually on the anniversary of when it was first issued. Failing to renew means your license can be canceled, and you’d have to start the whole process over.