Noise log forms
12,
zoning maps
1
2 , and
information on
enforcement of the Toronto noise laws
1
2 at
Brunswick and Bloor after 11 p.m. .
Noise
complaints can now (2012) be phoned or emailed to the City at 311 or 311@toronto.ca
. Clearly Audible Loudspeakers
are Lawbreaking at
11 p.m. or later, every night of the year, where audibility is at
a residential 'point of reception', such as the window of a home or a point in
the yard of a home. Details are in Toronto Code Chapter 591-4
and
591-5
(updated
by City) .
292 Brunswick Avenue: TRANZAC
Mar 25, 2012 use in residential zone:
The TRANZAC clubhouse is situated in the residential zone (1,
2)
R3Z1.0. (Fuller
official zoning
Map) Office, performance and
recording space is not a 'permitted use' in this zone.
A zoning dispensation for use as a social club for Australians and New
Zealanders was allowed when the Toronto Australia New Zealand Club bought the property in
1971. It has about 90 members including several residents of the
immediate area.
Australians and New Zealanders no longer attend TRANZAC, but until now there has
been no move towards regularizing the building use to conform with the
residential zoning. Despite the legal status, Blocks
Recording Club (see June 1, 2006) started renting space in the
clubhouse in May 2006. Blocks has no Australia-New Zealand connection.
(Town Crier
Online)
Neighbours dump on club for noise, litter
(Posted Date:
Wednesday, October 17, 2007)
By
Karolyn Coorsh Members of a local social club in the Annex received an earful from
upset residents about noise and loitering after late night concert
events.
The board of directors of The Toronto Australia New Zealand Club
played host to an Oct. 9 community meeting attended by residents and
local councillor Adam Vaughan to address the complaints of excessive
noise and litter that nearby residents say has become unbearable.
The Tranzac Club, located on Brunswick Ave. just north of Bloor St.
West, has been the focus of many of the complaints. Residents blame
the club’s late showtime starts and lack of soundproofing as the
problem.
One resident complained that concertgoers at the club were lingering
on her lawn and causing a ruckus late into early morning hours.
“It’s out there every night,” she said. “They’re using my front yard
as a bathroom.”
“The noise was incredible and it was jammed like you wouldn’t
believe,” another resident added, after passing by one evening, seeing
people spilling out of the club.
Vaughan, councillor for Ward 20, went to task about the noise problem
and urged Tranzac to take responsibility.
“You’re not supposed to be heard outside your four walls,” he said.
“You can’t impose this kind of hardship on your neighbourhood.”
One resident came to the meeting sporting a sign for a concert with a
starting time of 11 p.m. As a result, Vaughan advised the board of
directors to rethink their showtimes, saying 11 p.m. was far too late.
“It’s not a viable business model in this community,” he said.
The club has been making it a priority to change showtimes and had
spoken with their booking manager, said Carol Lonero, a Tranzac board
member, in a phone interview days after the meeting.
“We’ve certainly been looking at this issue very much,” she said. “The
music had to go down in keeping with the bylaws at the proper times.”
The board is also trying to find grants and other funds to soundproof
the North wall, as it is shared with a resident.
“We want to make sure that we deaden that wall,” said Lonero.
The club is also looking to join the yellow-bag garbage pick-up
program for businesses, as residents complained that their dumpster is
always overflowing.
Lonero said it’s a problem for the club as well, since they believe
other restaurants and clubs in the area are illegally dumping on their
property.
298 Brunswick Avenue: Labyrinth Lounge,
2139155 Ontario Inc.
February 16, 2011 East York Community Council refusal of permit to
operate patio on City-owned land June 18, 2011 City-mandated noise barrier erected by operator of Labyrinth
(and of Futures next door). Later replaced by similarly ineffective trees.
Please see penultimate bullet above.
481 Bloor Street West: Brunswick House
Liquor license: 2005 application to expand licensed area
by less than 25% (public notification not required)
The
Brunswick House was successfully prosecuted February 20, 2006 under
Chapter 591 at the Old City Hall courtrooms, (subpoena).
The judge fined the Brunswick House $5,000 and made a formal order about future
possible noise infractions.
Over the years the Brunswick House has made various unsuccessful applications to
City Hall to use the Brunswick Avenue flankage as a patio. Sometimes there
has been mention of a relatively quiet restaurant (e.g. a Mr. Greek in 1999,
see case 17, and a Rosie O'Grady's
in 2005,
Eye
1
2
3 ). See also
July 2006 patio.
Occasional letters have been issued by the Brunswick House, most recently in
June 2009, saying, approximately, 'let's have a free and friendly
discussion with you, our neighbours' . However, these invitations have
been signed by the frequently changing hired managers rather than by the true
Brunswick House owners, who have chosen anonymity. The patio
applications and accompanying promises have been skeptically assessed by a
'more-than-once-bitten' neighborhood. There are three families with young
children owning houses within 60 metres. And three lawyers. Once a liquor
license has been granted then the neighborhood has no control over the actual
character of the establishment, and liquor licenses are substantially never
retracted.
296 Brunswick Avenue: Green Room and Annex Live
Liquor license: A liquor license at 296 Brunswick was surrendered
November 2005. A new license was granted in 2007.
Plan presented to Committee of Adjustment June 28, 2006
(One main floor south side window)
The Annex Live application to run a patio on the City-owned
land in front of the building received a strongly negative reaction from
residents at a meeting at 296 Brunswick Avenue on June 8, 2009 attended by Mr
Marchese and chaired by Councillor Vaughan. The application has been withdrawn
with the recommendation that it not be resubmitted in 2009.
Councillor Vaughan's Bloor-Brunswick Meeting June 16, 2008: Advice on
Contacting the Authorities
Please note that in 2011, Councillor Vaughan's office notified us that for noise
complaints the appropriate number is no longer 416-338-0800 but is now 311 or
311@toronto.ca
From 2011 the standard noise complaint line is 311. At
Councillor Vaughan's public meeting on Bloor-Brunswick issues held on June
16, 2008, it was mentioned by police and City authorities that noise problems
can be reported at 416-808-1500, which is set up so that a file can be built
about a recurring problem. At the meeting, City authorities
confirmed that a liquor license, once granted, is very rarely permanently
withdrawn.
Useful pointers we've learned over the years:
An investigator may be sound-shielded by buildings. So it's usual to
indicate where the noise law infraction is most serious.
The law's use of the term 'clearly audible' is intended to mean that we don't
need to use our decibel meters, but they can sometimes be useful. The
needle analogue versions rather than the digital versions have proved most
effective, producing a night-time LCD-projected image which is clearly visible
on the wall of a law-breaking establishment. City staff have indicated
that residential reception of a bass thump is more than enough to constitute a
crime. Photographs, video and audio recordings of violations of
noise and other regulations can be useful in court.
Noise log forms
1
2
in the format requested by the authorities, with exact times, dates and
some walk-by confirmations of music source, are an effective tool. They
should be sent to Inspections, City of Toronto, 2238 Dundas Street West, M6R
2A9.
Possible Countermeasures if Conventional
Enforcement Ineffective
1. Photography and videotaping of infractions
2. Web-posting of video of drunks' activities when 'no reasonable expectation of
privacy', e.g. if on sidewalk
3. Spotlight arrays on street to encourage dispersal (used by police in Toronto
Entertainment District in 2007)
4. Flyers/bedroom decibel readings/copies of bar ads delivered to residents of
home streets of bar-owners.
5. If establishment is used by responsible people, sidewalk protests by
residents, especially parents, 'please dine elsewhere and let us sleep'
6. For other establishments, hiring of security guards by residents, with prompt
re-hiring when problems recur
7. High-tech methods are becoming practical:
a) street noise microphones with live
relay to police -
experiments in UK
b) video cameras with recording
accessible to police/AGCO
(842 Bloor W, Annex Gleaner Apr 2008)
Countermeasures 3. and 5. are clearly legal.
A lawyer (not one of the three lawyers living within
60 metres, as it happens) confirmed informally that Countermeasures 1 and
2 above are also legal. Countermeasure 4 can be done legally, though
public identification of bar owners/operators/investors/board members, if not
already public knowledge, would need to be done carefully.
Occasional 11:15pm live transmission of illegal noise received in our
homes to a loudspeaker van parked outside their homes would require legal
research and could be worthwhile for publicity ('so only kids in Rosedale have a
right to sleep in their beds?').