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Club feud with Toronto Islanders shows noise bylaw flaws

by Lucas Fernandez – World Editor

toronto Club’s Noise Battle with ⁢island Residents Exposes Bylaw Issues

TORONTO – A long-running dispute ​between Cabana Pool Bar⁣ and residents of the Toronto Islands is highlighting flaws in the city’s noise bylaws, as a complex history of liquor licenses and sound restrictions comes ​under scrutiny. The case, currently before the Alcohol and ⁢Gaming Commission of Ontario ‌(AGCO),⁢ reveals‍ a two-decade struggle over⁣ amplified sound emanating ⁣from the waterfront venue.

The site’s noise issues date back⁢ to 2006,when it operated as The Docks by Cherry and faced noise complaints. In ​2008, new owner Polson Pier Entertainment Inc.- ‌the former operator of the Sound Academy concert⁤ hall – secured a⁢ liquor⁤ license with conditions limiting amplified sound⁤ to before 11 p.m. and ensuring it remained inaudible on Ward’s‌ Island and ​Algonquin Island.

For five ⁣years,⁣ the site operated “relatively complaint free,” according to the⁤ AGCO tribunal. Maya took over in 2013, inheriting the license and its conditions, including a requirement⁣ to station an ​employee ‌on‍ Ward’s Island to monitor ⁣noise levels.

In ⁤2015, Powerhouse Corp., largely owned by Maya, applied ⁢for a new liquor license with fewer noise‌ restrictions. The ‍AGCO granted the license in 2018, but imposed a complete‌ ban on amplified music in⁣ outdoor areas.This resulted ‌in the site operating under two licenses with conflicting conditions.

The tribunal,in its 2018 decision,acknowledged that “noise attenuation over water is difficult and may be impractical” and ‍found‍ existing sound ‌control systems “ineffective” due to being ​ignored or overridden by DJs. The islands’ community association also did not inform residents to direct ‍complaints to the Cabana employee stationed⁤ on⁢ the island.

Despite ⁣the amplified music ban on ‍one license, Cabana continued hosting⁢ parties‌ until 11⁢ p.m., relying ‍on its original license allowing amplified sound until that time. The ‌city is now appealing to reinforce the ban on both licenses.

“The waterfront​ has changed a lot since⁢ this battle⁣ started 20 years ago,” said⁤ island ​resident Farebrother. “This ​will be affecting a lot more ‍people than just our little community.”

Kamal, representing ⁣Powerhouse Corp., noted the corporation did not request a⁢ change to the ​11 ⁢p.m. amplified music cutoff – described as “an unusually harsh⁣ restriction” – “out⁢ of deference”⁢ to ‌island residents.

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