An appeal to the Ontario Municipal Board (OMB) over an update to a zoning bylaw has been dropped, clearing the way for local businesses to apply for permits to have amplified entertainment on patios.
On June 13, 2017, city council passed a motion scrapping a zoning bylaw that prohibited amplified music and dancing all across the city. They voted to amend another noise bylaw, allowing business owners to apply for temporary, renewable noise permits, so long as music is not louder than 70 decibels and isn’t played past midnight.
Soon after that, however, a vocal opponent of the changes filed an appeal to the Ontario Municipal Board before dropping it and switching focus.
“We felt that the process was being rushed and there’s been some changes made to procedures,” Anna-Maria Valastro told 980 CFPL.
“We raised thousands of dollars towards our legal fund so we decided to drop the OMB case and instead go towards private prosecution.”
According to Valastro, the temporary permits specify that noise must not go past midnight or surpass 70 decibels but she believes there is a loophole for businesses, which is why she’s planning to hire an acoustic engineer to take measurements and if evidence is strong she would pursue charges.
“In my neighbourhood, (at) the Barking Frog, they have loud amplified music until 2 a.m. and they don’t put their speakers on the patio and because they don’t put their speakers on the patio all these limitations associated with the permit don’t apply,” she explained.
“If you’re a resident, all you hear is loud, bass-y, distorted sound.”
London’s music officer Cory Crossman believes the changes will allow for growth in the city’s creative economy.
“This will help local musicians and businesses as we head into the warmer weather,” he said in a statement from the city.
“Whether it’s a band, ball game, or even just background music, this will help make the experience more rich and dynamic for patrons of businesses that have patios.”
London’s chief municipal law enforcement officer Orest Katolyk stressed that the city will consider items such as the surrounding land uses, the patio floor plan, the location and direction of amplification, and sound mitigation protocols when issuing temporary permits for up to six months.
“Each approval will be based on its own locational attributes; decibel and time regulations will differ in the downtown in comparison to suburban neighbourhood pubs.”
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