Crank up the music and put on your dancing shoes, city council will be turning a blind eye to London restaurants and bars offering amplified music and dancing on patios.
Politicians voted 10-2 in favour Tuesday night of suspending enforcement of the bylaw that prohibits the practice. The motion was put forward by Councillor Mo Salih near the end of the seven hour meeting. It allows restaurants and bars to move forward with amplified music and dancing on patios while an appeal to the Ontario Municipal Board (OMB) on the issue is pending.
"I think it is very reasonable given the circumstances," said Councillor Jesse Helmer, the driving force behind the loosened patio music rules. "Obviously council unanimously moved in the direction of allowing those activities to take place on patios. It is now in the hands of the Ontario Municipal Board to see if that will be upheld, but I think in the meantime suspending enforcement activity is also a decision council can make."
Last month, council voted to lift a ban that had been in place since 1993 and amend the noise bylaw to allow temporary permits to be issued for amplified music and dancing on bar and restaurant patios. Under the new bylaw, establishments would be able to play music no louder than 70 decibels at the point of reception until midnight.
Three establishments applied for permits before a downtown resident filed an appeal with the OMB. The appeal cited concerns about the lack of public participation in the new system, as well as the 70 decibel noise limit.
While Tuesday's decision to look the other way when it comes to patio dancing and amplified music, Helmer stresses bars and restaurants will still need to abide by the noise bylaw.
"It's very important to recognize that it is only one specific provision in the zoning bylaw that we will not be enforcing and that is the total prohibition on those activities," said Helmer. "All of the requirements of the noise bylaw including the changes we made to allow temporary sound permits for patios, those all continue to apply and those will all continue to be enforced."
If the OMB decides to repeal the by-law, the city would resume enforcement at that time. But it is unlikely the appeal will be heard for several months yet.
"I hope the musicians, patio lovers, and restaurant owners take advantage of this opportunity," said Helmer. "We've got a little bit left of the summer and patio season... they can go ahead and plan, book acts, and get something happening on patios that up until now were not allowed."
