Can a proprietor sub divide their patio to allow for a section of the patio to not have service at all and allow unrestricted smoking – “roof” or no “roof”?
No. This option is not available to the proprietor as per Section 13 of the Ontario Regulation. Section 13. For the purposes of paragraph 7 of subsection 9 (2) of the Act, a place or area is prescribed if it meets all of the following conditions: 1. The public is ordinarily invited or permitted access to the place or area, either expressly or by implication, whether or not a fee is charged for entry, or the place or area is worked in or frequented by employees during the course of their employment whether or not they are acting in the course of their employment at the time. 2. The place or area has a roof. 3. Food or drink is served or sold or offered for consumption in the place or area, or the place or area is part of or operated in conjunction with a place or area where food or drink is served or sold or offered. 4. The place or area is not primarily a private dwelling.
