Regulating Entertainment on Outdoor Commercial Patios

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Temporary Use By-laws

The Planning Committee held a Public Meeting under the Planning Act, to consider a Temporary Use By-law for certain lands within Hamilton Zoning By-law No. 6593, Dundas Zoning By-law 3581-86 and Zoning By-law 05-200. View the Planning Committee agenda. The documents can also be viewed in person at the City of Hamilton Clerks Department, City Hall, 71 Main Street West, 1st Floor from 8:30 am to 4:30 pm.


To establish Temporary Uses By-laws for 7 pilot project areas and some properties within the rural area to permit entertainment on Outdoor Commercial Patios (in conjunction with a licensed restaurant) for a maximum period of two years.

The areas affected by this by-law include certain areas within:

  • Rural properties as described:
    • 268, 276, & 281 Carlisle Rd
    • 523 Carlisle Rd
    • 342 8th Con Rd E
    • 1039 5th Con Rd W
    • 787 Old Hwy 8
    • 1079 Hwy 8
    • 167 Hwy 5 W
    • 1211 2nd Con Rd W
    • 1472, 1468, & 1450 2nd Con Rd W
    • 71 Hwy 52
    • 1707 Jerseyville Rd W
    • 166 Green Mountain Rd
    • 2787 Dunmark Rd
    • 1276 Shaver Rd & 914 Book Rd W
    • 8229 English Church Rd
    • 9639 Chippewa Rd
    • 185 Golf Club Rd
    • 4349 Hwy 56

To request a Notice of Decision

Do you wish to be notified of the City's decision on the proposed Temporary Use By-law? You will need to submit a written request to:

Ida Bedioui
Planning Co-ordinator
Hamilton City Hall, 1st Floor
Phone: 905-546-2424 ext. 4605

Information respecting these amendments is being collected under the authority of the Planning Act, R.S.O. 1990, c.P.13. All comments and opinions submitted to the City of Hamilton on these matters, including the name, address and contact information of persons submitting comments and/or opinions, will become part of the public record and will be made available to the general public and will appear on the City’s website unless you expressly request within your communication that City remove your personal information.

Temporary Use By-laws

i. If a person or public body does not make oral submissions at a public meeting or make written submissions to the City of Hamilton before the proposed by-law is passed, the person or public body is not entitled to appeal the decision of Council, City of Hamilton to the Ontario Municipal Board.

ii. If a person or public body does not make oral submissions at a public meeting or make written submissions to the City of Hamilton before the proposed by-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to do so.

Contact us

For further information on the Temporary Use By-law, contact:
Joanne Hickey-Evans
Phone: 905-546-2424 ext.1282


Current Zoning By-law definition and regulation for entertainment on Outdoor Commercial Patios is:


“Shall mean any outdoor area used in conjunction with any establishment licensed under the Liquor License Act, where meals or refreshments are served to the public for consumption on the premises.”


Outdoor Commercial Patios shall not be used for commercial entertainment or commercial recreation, including live or recorded music and dance facilities.

Outdoor Commercial Patios do not include:

  • Café with several tables and chairs in the front or back yard
  • Patios associated with Restaurants that do not have a liquor license

Contact us

If you have any further questions, contact:

Shannon McKie
Phone: 905-546-2424 ext. 1288