Bar and restaurant patios in London are about to get a whole lot livelier.
In two back-to-back decisions Tuesday, city politicians voted unanimously to lift a ban and amend a noise bylaw to allow temporary permits be issued for amplified music and dancing on patios of bars and restaurants.
The move levels the playing field for newer patios, which were prohibited from the activity under a section of the zoning bylaw introduced in July 1993. Patios built prior to that date were exempted.
Debate on the issue was almost non-existent, but did include a motion by Councillor Tanya Park to require establishments seeking a temporary permit to post a sign indicating that an application has been submitted to the city.
Those approved for a permit will have to keep the noise limited to 70 decibels and pull the plug completely before midnight.
To help ease the concerns of residents who argued the music would make living in close proximity to these bars and restaurants unbearable, additional restrictions can be put on each individual permit.
"Although the bylaw says there is a maximum of midnight, some of the conditions could be lower," Bylaw Enforcement Manager Orest Katolyk told councillors. "It could be that a patio that is located in the middle of a residential district could have a time limit of say 10pm at a lower decibel rate than 70 decibels."
Katolyk reminded residents they have two ways of addressing any issues that may arise with the newly lifted restrictions.
"People that live within the neighbourhood have every right, as they do today, to complain to either London police or bylaw enforcement on any noise that may be impacting their livelihood," Katolyk said.
A bid to introduce amplified music and dancing on patios in the downtown and Old East Village for a six-week trial period last summer was quashed after two appeals were filed with the Ontario Municipal Board (OMB). A hearing on the appeals was never held as the temporary zoning bylaw allowing the change expired on September 30, 2016.
At times, city residents have been divided on the issue with those in support saying it would create a more vibrant city, while those against worried the added noise would negatively affect their quality of life.
Councillor Jesse Helmer, who has been a strong advocate for the change, believes the city has developed a policy that will appease all Londoners.
"I think with the limit at midnight and doing it at 70 decibels at the point of reception that is going to work really well for a lot of people," said Helmer. "It's new, and I think a lot of people reserve their judgement until they actually see how it works, but I think it's going to strike a really good balance."
City staff have indicated that 70 decibels is basically the same as ambient noise, a statement Helmer put to the test with a visit to a downtown bar that was exempt from the old bylaw.
"It's not very loud. I was standing out on the patio and the cars on the road are louder than the music on the patio," said Helmer.