Bylaw advice needed - Cafe in condo building - Noise

[taylor192]

My GF lives in a 4-story low-rise with commercial property on the lower floor. In particular a cafe directly below her.

This cafe has a license to serve alcohol and play live music. 3-4 times a week the music is so loud it can be heard by all residents of the 2nd floor, yet especially loud in her condo.

From everything we've looked up, this cafe should not be allowed to play amplified music with more than 2 performers. If they have a license to do so, it should be reviewed.

She has spoken to the cafe and they are firmly holding onto their right to play music as defined in their license.

She has filed formal complaints (twice) with Bylaw services, and was recommended to call the non-emergency police number when the music was too loud and an officer would be dispatched to measure the level. She has called 3 times, and an officer has failed to show prior to 11pm when the cafe closes.

She's kinda stuck with what to do next and need some advice from anyone in Bylaw or the police.
- She would like someone to review their license to determine if they are allowed to have live bands (more than 2 performers) play amplified music. How would she initiate this review?
- She would like an officer to come measure the noise level, in particular when a live band is playing. How can she ensure this will happen?

Advice as to what to do next?

[taylor192]

I know this section is primarily for MVA, going to post this in general chat too.

[Five-Oh]

To review the business license it probably depends on which city it is in, but I would say your best bet is to go to or call City Hall to get that info.

To have an officer come she could call the non-emergency line. That being said, that type of call is extremely low on the priority list and if there are other calls going on in the city, the police are far more likely to go to the other calls.

My question would be did your gf know that this cafe was in her building when she bought in the building? Might be time to move to a more quiet building if this is such a huge problem.

[Raid3n]

where is this? i have something similar where i live.

i live across the plaza and can hear it quite clearly

[taylor192]

Originally Posted by Five-Oh

To review the business license it probably depends on which city it is in, but I would say your best bet is to go to or call City Hall to get that info.

Going to try that this week, thanks.

Originally Posted by Five-Oh

To have an officer come she could call the non-emergency line. That being said, that type of call is extremely low on the priority list and if there are other calls going on in the city, the police are far more likely to go to the other calls.

I am from Ottawa and have dealt with bylaw there before. Any complaint to bylaw legally has to be followed up on in a certain amount of time by a bylaw officer.

She understands that the police have better things to do, yet does expect a bylaw officer to do something about it.

Originally Posted by Five-Oh

My question would be did your gf know that this cafe was in her building when she bought in the building? Might be time to move to a more quiet building if this is such a huge problem.

From my other thread:

The former strata president used to live above the cafe and had negotiated reduced noise levels without the strata intervening. She moved into his condo at the same time the cafe was sold. The new owners of the cafe are not willing to deal with her.

The real issue is how this cafe has a class 2 license to play live amplified music while being in a condo building. This should have never been allowed according to everything we've read

Yes she did know the cafe existed, and is OK with the noise most of the time. Its the nights amplified bands comes in that are a problem, and this cafe should not have a license permitting that.

This is the course of action she'd like to prefer. A reasonable business owner would try to work with their neighbours. This owner is not being reasonable, so she would like to have their license revoked.