HomeMy WebLinkAboutCSD-12-065 - Noise Exemption - Bobby O'Briens
REPORT TO:Community and Infrastructure Services Committee
DATE OF MEETING:
April 16, 2012
SUBMITTED BY: Jeff Willmer, Deputy CAO, Community Services
Department, 519-741-2325
PREPARED BY:
Shayne Turner, Director of By-law Enforcement, 519-741-
2753
WARD(S) INVOLVED: Wards 9 and 10
DATE OF REPORT: April 4, 2012
REPORT NO.: CSD-12-065
SUBJECT:
NOISE EXEMPTION REQUEST – BOBBY O’BRIEN’S -
RECOMMENDATION:
That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be
granted to Bobby O’Brien’s, 125 King Street West, for each Wednesday evening between
the hours of 8:00 P.M. and 11:00 P.M., from April 18 to October 10, 2012, for a Blues band,
playing on their patio area; and further,
That this exemption be subject to the establishment ensuring active participation with
the City’s By-law Enforcement Division to respond to potential noise concerns that may
be forthcoming throughout the duration of the exemption.
BACKGROUND:
Bobby O’Brien’s at 125 King Street West, will be holding a regular evening of Blues music on
their patio every Wednesday evening starting in April and running through to October, weather
permitting, as part of their summer entertainment program. As such, there is the potential for
staff to receive complaints with respect to the music.
REPORT:
This series of entertainment events are aimed at attracting business to the downtown area
during evenings and weekends. The Blues Jam evenings were first held in 2006, and the
business obtained an exemption to the Noise By-law in these previous years.
Staff report that several concerns were reported during last year’s patio season. Staff worked
with the establishment to address the concerns and minimize the potential impacts. In addition,
it must be noted that Bobby O’Brien’s has already held a couple of Wednesday night Blues
events on the patio, given the better than normal weather experienced thus far. A concern has
been raised with respect the noise generated during one of the nights. Upon subsequent
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discussions with the establishment, they indicated that this was an unfortunate occurrence
resulting from the patio being set up on an unexpected warm Wednesday evening, without all
the proper controls in place. They feel that they can continue to work with staff, as in previous
years, to address concerns.
It is also staff’s understanding that a resident of downtown may be appearing at the Community
th
and Infrastructure Services Committee meeting of April 16, to discuss her concerns with the
noise being generated from the subject patio.
It is recognized that events in the downtown area often involve music, and the resulting potential
for complaints to be registered. Staff will work with business and event organizers to ensure
that any concerns that arise are dealt with in a reasonable manner.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
Approval of a noise exemption for this event supports the Community Priorities of Quality of Life
and Dynamic Downtown, as contained in the City’s Strategic Plan.
FINANCIAL IMPLICATIONS:
N/A
COMMUNITY ENGAGEMENT:
Information relating to this event is distributed throughout the downtown area, via the business
owner and the Kitchener Downtown BIA.
ACKNOWLEDGED BY: Jeff Willmer, Deputy CAO, Community Services Department
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