Entertainment & Amusement · 6 min read · Last updated
The proprietary club class is written as an exclusion. It covers all clubs except those where billiard, pool or bagatelle tables are merely incidental to the club's main objects. If your club's tables are a side amenity you are outside the class; if they are part of what the club is for, you are in it.
The City of Hamilton lists this under its “Establishments” category: “PROPRIETARY CLUB. All clubs other than those in which the use of any billiard, pool or bagatelle table is only incidental to the main objects of the club.”
Who needs this licence?
The by-law defines a proprietary club by exception: all clubs other than those in which the use of any billiard, pool or bagatelle table is only incidental to the main objects of the club. Read that carefully, because it works backwards from how most definitions do.
The practical test is what the tables are doing in the room. A club whose main objects are something else entirely, with a table in the corner that members occasionally use, falls outside this class. A club where table play is a core activity, or where the club is effectively organised around it, falls inside.
There is a related class to keep separate. Billiards and bagatelle tables are separately licensed by table count, with an exemption for up to two tables incidental to a restaurant or public hall. A club is not a restaurant or a public hall, so that exemption is not available to it, which is exactly why the club definition has its own carve-out.
If you are unsure which side of the line your club sits on, describe the club's activities to Licensing & By-law Services before applying. That conversation is cheaper than applying under the wrong class.
What documents do you need?
The document list is short: the completed business licence application form, a business registration, corporate profile or master business licence dated within one year of application, a Zoning Verification Certificate, proof of liability insurance meeting the checklist minimum in accordance with the Amusement Devices Act, and a completed Certificate of Compliance application form.
The short list is misleading about the effort involved, because this class carries more inspections than most in the schedule. The scrutiny is in the visits, not in the paperwork.
Be precise on the application about what the club does. Clubs are often the hardest class for a reviewer to place, since two premises with the same name over the door can be doing quite different things inside. A clear description of the activities and the membership arrangement saves a round of questions.
Zoning and premises requirements
A Zoning Verification Certificate confirms that the club use is permitted at your address. Clubs tend to occupy buildings that were built for something else, and zoning is where that gets tested against the current rules rather than the building's history.
Where the same category of business was licensed at the address within the past year, a zoning addendum may be accepted in place of a full certificate. If your club is taking over premises from another club, ask about that route.
On City-owned properties, the zoning verification is handled internally.
Parking obligations flow from zoning, and this class carries a parking inspection, so a club in a residential-scale building with limited on-site parking should expect the question.
Inspections and approvals
This class attracts three inspections at application plus the compliance inspection, which is more than most Places of Amusement sub-classes. All of them are circulated by the Licensing team after your application is received.
The fire inspection looks at the premises as an assembly space: exits, exit signage, occupant load, and whether the layout still works when the room is full rather than when it is empty on a weekday afternoon.
The health inspection is on the list because clubs commonly serve food and drink to members, and washroom and preparation facilities are assessed accordingly.
The parking inspection checks the parking the site provides against what the use requires.
The Certificate of Compliance inspection reviews the premises against compliance requirements and repeats over time, described as bi-annual where the location is permanent.
How much does it cost?
The fee table for this class covers the annual licence fee together with the fire, health and parking inspection fees. Zoning verification or the addendum is charged on its own line when it applies.
HST is added to the inspection fees. The licence fee itself is not taxed.
The Certificate of Compliance sits outside the licence total, quoted from the City's separate compliance fee structure.
Because three inspections attach to a new application here, this is one of the more expensive Places of Amusement classes to open, and the renewal years vary depending on which inspection cycle falls due. Council sets every amount in the City's fee schedule and Licensing & By-law Services confirms the figures when you apply.
How to apply
Settle the class question first. Confirm with Licensing that your club falls inside the proprietary club definition rather than being a club where table use is only incidental, because applying under the wrong class wastes the whole cycle.
Confirm zoning for the address and get liability insurance in place in the operating entity's name.
Submit the completed business licence application with the business registration dated within the year, the zoning certificate, the insurance certificate and the Certificate of Compliance application form, and pay the applicable fees.
Licensing circulates the fire, health and parking inspection requests, with the compliance inspection to follow. Three inspections means three schedules to align, so leave more lead time here than you would for a class with one.
Renewals and staying compliant
The club licence renews annually and Declaration B must be completed each time.
The inspection cycles are staggered: the fire inspection every two years, the Certificate of Compliance inspection every three. Renewal cost therefore moves year to year, and in a quiet year it is just the licence fee.
Changes inside the club matter at renewal. Adding tables, opening a kitchen or expanding into an adjoining unit all change what an inspector is assessing, and some changes touch other licence classes entirely.
If the renewal is missed, the licence has to be reinstated rather than renewed, and reinstatement carries its own fee plus HST.
Quick quiz: test what you learned
Three questions, all answered in this guide. Click an answer to check it.
1. How does By-law 07-170 define a proprietary club?
The class is written as an exclusion, capturing every club except those where table use is merely incidental to the club's main objects.
2. Which set of inspections does a new proprietary club application trigger?
The proprietary club checklist lists fire, health and parking inspections along with the Certificate of Compliance inspection.
3. Can a proprietary club use the two-table exemption that applies to billiard and bagatelle tables?
Section 17 2 (2) restricts the two-table exemption to restaurants and public halls, which is why the club class has its own incidental-use carve-out instead.
Skip the paperwork
Tell Permits2Go about your business and it assembles the licence application for you — document checklists, e-signatures and a guided workspace for Hamilton, with more cities on the way.
This guide is general information, not legal or professional advice. Licensing requirements, by-laws and fees change and vary by municipality — always confirm the current rules with the City before you apply.