Proposal to stop playing music at night on patios turned down

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This article was published 06/03/2018 (2928 days ago), so information in it may no longer be current.

A move at Winnipeg city hall to curtail the playing of loud music at outdoor patios late at night has been derailed, after the administration advised against it.

But one councillor hasn’t given up.

“I want citizens to feel there is an effective way to deal with this issue,” Coun. Mike Pagtakhan said, after the protection, community services and parks committee he chairs agreed Tuesday to reconsider the issue next month.

In October, Pagtakhan and Coun. Jenny Gerbasi initiated the review by civic staff into what measures can be taken to deal with owners of restaurants, clubs, microbreweries and other “drinking establishments” that play amplified music on outdoor patios late into the night.

Pagtakhan wanted a bylaw that would restrict the playing of loud music to early evening hours on weeknights: 11 p.m. from Sunday to Thursday, and midnight Friday and Saturday nights

However, the review was bad news for Pagtakhan.

Winston Yee, the City of Winnipeg’s manager of bylaw enforcement, said he didn’t think it was possible to craft a bylaw that would reign in the bad operators without penalizing those who are respectful of their neighbours.

Pagtakhan said the problem lies with the neighbourhood liveability bylaw, which doesn’t have hourly restrictions for loud noise and music. Bylaw violations are a subjective decision based on a police officer’s determination of what would be considered a nuisance depending on several factors, including the location and allowed zoning, the type of operation, the time of day, and the surrounding neighbourhood.

Since the bylaw is enforced by police, responding to complaints of loud noise on a Friday or Saturday night isn’t going to be a priority, Yee told councillors on the protection, community services and parks committee.

However, Yee said, depending on the conditions of a liquor licence, residents concerned with excessive noise should be able to file a complaint to the Liquor and Gaming Authority of Manitoba, and suggested callers to the city be directed to the LGA.

Pagtakhan (Point Douglas) wasn’t prepared to throw in the towel. The committee voted to put the matter over to next month’s meeting, allowing Pagtakhan time to consult with staff on how best city hall could work with the LGA to deal with troublesome operators.

The councillor said he wants to be reassured when callers to the city are referred to the authority, there will be a positive resolution for residents.

“I will be liaising with (civic) staff to provide more clarity relative to my inquiries relative to time (and) processes related to the LGA, to ensure whatever processes going forward can be fairly effective,” Pagtakhan told reporters after the meeting.

aldo.santin@freepress.mb.ca