City council will consider a temporary bylaw at the July 12, Development & Infrastructure Committee, followed by a vote at Council July 18.
The purpose of this temporary use by-law is to initiate a pilot program in the downtown that will permit entertainment and/or music on private outdoor patios for up to three years. The by-law will temporarily allow the entertainment use on outdoor patios (which is not currently permitted in the Zoning By-law) while staff studies the issue.
Currently, the City’s Noise By-law allows “loudspeakers or other electro-mechanical transducers intended for the production, reproduction, or amplification of sound until 11 p.m” on outdoor patios. The by-laws allow music from speakers on outdoor patios, but an acoustic guitar player is prohibited. The purpose of the pilot program would be to allow acoustic musicians on patios until 11 p.m.
Staff are focusing on the downtown as a pilot study area as a result of recent interest in this use. The by-law gives staff the ability to conduct the pilot program for a reasonable time frame. See the staff memo to the D&I Committee giving notice of the upcoming bylaw: Temporary Use By-law Memo
If committee, and then council, approves the temporary bylaw, there is a 30 day appeal period before it would take effect. If no appeals are received, the by-law would go into effect Aug. 17 for the specified period of time.
My Take: I support a temporary bylaw for entertainment uses on patios downtown. I believe that under certain circumstances, live music can enhance the dining and entertainment experience, as well as the overall vibrancy of our downtown, and coexist with residents who live downtown. We have been told by restaurants that their businesses are busier when there has been live music.
I was, in fact, surprised to learn live music isn’t already permitted, given that I have often witnessed acoustic performers on various downtown patios. Further, during special events like Fit in the Core, Saturdays in the Street, Sound of Music, and the city’s former busker program, music has been allowed outside under certain conditions. In addition, piped in music is already allowed on patios, just not live performance.
I support conditions being added to entertainment/music on patios, specifically end by a set time (for example 11pm on weekends, 5 or 6pm on Sundays or holidays), and no amplified instruments (for example, electric guitar).
I believe a temporary bylaw will allow us to gauge the impact on surrounding residential buildings and neighbourhoods and make adjustments before a permanent change. Resident input and feedback will be an important part of this process.
Got thoughts or suggestions on the bylaw, and potential conditions? Leave them below or email me at Marianne.email@example.com