May 9, 2001 RTS 1971

TO: Council Committee on City Services & Bud

FROM: Director of Environmental Health, V/RHB

SUBJECT: Report Back on Noise By-law Amendments to Regulate Entertainment Noise

On March 15^th Council's Committee on City Services and Budgets considered a report from the Director of Environmental Health which proposed amendments to the Noise By-law to better control Entertainment Noise Levels. In light of issues raised by delegations, the following motion to defer was adopted:

"THAT Council defer a decision on the proposed Noise By-law amendments to allow for a broader notification, and for staff to report back on the stairwell issue and correspondence received at the time of development of the building at 7 Alexander Street."

This memo serves to respond to Council's request for further information. It was unfortunate that the discussion about the recommendations to deal with general noise concerns related to entertainment establishments took on a single focus related to 7 Alexander Street. Staff wish to emphasize that the recommendations contained in the report are there to address a number of issues throughout the City, and were not specific to 7 Alexander. Nevertheless, the situation at 7 Alexander provides an excellent example of how noise levels from entertainment establishments can generate significant community response and how policy decisions and instruments other than the Noise By-law have a role to play.

After the meeting it became evident that the manager of 7 Alexander was under a misapprehension that the noise level changes being proposed (45 decibels) was the level that would apply to the bass beat, which is currently set at 65 decibels. Staff reassured him that the bass level would remain at 65 but would be measured over 3 minutes as an average. The 45 decibel level refers to non-bass sound levels.

1. A copy of the letter from the owner of 7 Alexander to the developer of 27 Alexander has been reviewed. City staff had recommended similar notifications of prospective purchasers of units in 27 Alexander. Unfortunately, in the absence of legally-binding mechanisms for notification and given the reality of changes in ownership and tenancy, the net effect of notifications is quite limited.

2. The history of the requirement for the stairwell next to the west wall of 7 Alexander is being reviewed, but has necessitated retrieval of the files from archives. Staff will have a verbal update for Council on the issues related to the stairwell location. Although it is true that the stairwell plays a role in conducting sound from the club to upper units in 27 Alexander, it is also true that, in the absence of a stairwell, lower units in 27 Alexander would have been severely impacted by sound levels travelling directly through the abutting building walls. The net positive or negative impact of the stairwell is likely open to debate.

3. Broader distribution of the notification. This memo and the entire report have been sent to all of the operating night clubs in town, as well as the various hospitality industry associations and individuals who have contacted the City Clerk since the previous Council meeting.

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