Restaurant patios that expanded during the pandemic may be forced to downsize next year

London’s vibrant patio scene will take a hit when city hall resumes the enforcement of a long-standing zoning bylaw.

The capacity of restaurant and tavern patios are limited to no more than 50 percent of the licensed capacity of the indoor space, or 50 people— whichever is greater. It’s known locally as the 50-50 rule.

The cap on customers was been temporarily lifted to help businesses survive indoor dining restrictions during the COVID-19 pandemic, but enforcement is poised to resume in 2023.

“We’re just trying to recoup the losses in the pandemic, so I think it would crush us,” explains Cleopatra Camara, owner of Sweet Onion Bistro in Wortley Village and Byron.

In 2020, Camara converted two parking spots at her Wortley Village location into an expanded patio that accommodates about 80 people.

“We don’t have complaints about parking, we don’t have complaints about noise. Those by-laws are already in place. All we have is a lot of fun on the patio,” she adds.

Councillors John Fyfe Miller and Shawn Lewis have sent a letter to the Planning and Environment Committee asking city staff for a list of options that would permit greater flexibility than the 50-50 rule.

“What that’s going to do is give restaurants the opportunity to purchase infrastructure to make the patio experience better, knowing full well the purchase can be utilized for years to come,” Fyfe-Millar tells CTV News.

Fyfe-Millar suggest the pandemic gave London the opportunity to evaluate larger patios for restaurants that are normally subject to the cap, “l think we learned that people know how to behave when they get on those patios.”

While fewer people on a patio can limit nuisances like noise, the intent of a zoning bylaw is to control the intensity of land use on a restaurant’s property.

Placing a limit on the number of customers restricts the impact on planning-related matters like traffic, parking, and infrastructure.

Fyfe-Millar believes resuming enforcement of the 50-50 rule in its current form would be another blow to many local restaurants.

“When you are a larger establishment, it doesn’t allow you to bring the (foot) traffic in that’s necessary to be sustainable.”

The committee will consider asking civic administration for a report listing options that would offer greater flexibility at its meeting on March 28.