Nightclub licensing redefined; venues under 150 capacity reclassified to reduce regulatory burden
The city is narrowing the definition of a nightclub in municipal code to apply only to venues with over 150 occupancy, moving smaller entertainment venues into a different licensing category. Two deputants objected on fire safety grounds, citing recent international incidents, but staff and the Fire Chief confirmed Ontario fire code supersedes the bylaw and small venues (three to four affected) face lower risk. The committee voted unanimously to advance the change.
Who did what
- Councillor Shelley Carroll (Ward 17) questioned staffRaised concern about operators gaming the system by applying for restaurant licenses then operating as music venues; asked how enforcement and dual inspections would prevent dishonest applications and ensure fire code compliance.
From the floor
“Now is not the time to make metal detectors optional for venues with capacities of 151 or less after 12 shootings in 48 hours driven by illegal firearms. The threat is immediate and activity, not square footage, drives risk.”Speaker not identified
“This gap was drafted alongside municipal licensing and standards and carries the blessing of legal services that makes it the smoking gun, not a solution. Between the lines, it reads like a way to loosen licensing enforcement and generate revenue without actually funding safety.”Speaker not identified
“Um, yeah, it's just this is very simple actually. It's just about um I don't know how much you look at this stuff, but it's to do with the fire. This weekend you probably saw in the in the news there was um the fire that happened in Thailand.”Speaker not identified
“regardless of any bylaws passed by the municipality, the Ontario fire code uh still would would supersede and is the ultimate uh authority uh with respect to fire safety uh in any establishment in the city of Toronto.”City staff
“we have some of the strictest fire regulations uh candidly in the world, which is why uh we very seldom see those types of incidents uh that we you know tragically saw this week.”City staff
“bring them into compliance which means do we continue to have the pathway where they apply to be a restaurant then you come and find that oops no you're you're having uh live music here's 100 people listening now and maybe even dancing. Um bring them into compliance means upgrade their license does it not?”Councillor Shelley Carroll (Ward 17)
Also in this item
• Fire Chief stated Ontario fire code is the ultimate authority and supersedes municipal bylaws; any venue regardless of licensing category must comply with provincial fire regulations.
• Councillor Carol raised a live concern about operators circumventing the new category by applying for restaurant licenses then operating as music venues, and staff acknowledged enforcement gaps but did not commit to new deterrents.
• Only three to four existing venues are known to fit the new under-150-occupancy category, making this a narrowly targeted amendment despite its regulatory scope.
The journey
You can still act
On the Toronto City Council agenda for 2026-07-29
Decision
Carried unanimously. The definition of entertainment establishment/nightclub in Toronto Municipal Code Chapter 545 is amended to require 150+ occupancy; smaller venues serving alcohol with entertainment move to Expanded Eating/Drinking or Entertainment Place of Assembly categories, with reduced licensing requirements.
Watch it happen
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