Bar owner challenges Montreal's noise crackdown in city's entertainment district

Sergio Da Silva says he's done everything he can to soundproof Turbo Haüs, a bar on St-Denis Street in downtown Montreal.

Even the doors have been built "to stop sound from escaping," he said, and he rents the two apartments above for $3,000 a month so no one upstairs can complain about noisy nights at the venue.

But his efforts still don't meet the bar for at least one neighbour. Another noise complaint was filed this week, spurring the city to get involved. 

"If one person is upset, their rights will trump anyone else's in the neighbourhood," said Da Silva.

His bar is located in the Quartier des spectacles, which roughly translates to the entertainment district. It's known for its lively nightlife, but some residents expect silent nights despite it being an area designated for bars and performance venues. 

"You can't, from one side of your mouth, tell bars to go there, and the other side of your mouth dangle a $12,000 fine," said Da Silva.

Montreal has a history of venues like Turbo Haüs closing after too many noise complaints from neighbours.

Montreal bars close over noise complaints

For example, Les Bobards, a popular bar and live music venue that was once at the corner of St-Laurent Boulevard and Marie-Anne Street closed in 2015 after 26 years of business.

It was issued fines for excessive noise even after going through considerable expense to soundproof the space.

And after 13 years and more than 10,000 shows, Le Divan Orange — which helped start the careers of singers like Patrick Watson and Coeur de pirate — closed in 2017. Owners cited a range of financial hardships, including rent, taxes and noise complaints as the reasons.

La Tulipe, a popular and storied music venue on Papineau Avenue in Montreal's Plateau-Mont-Royal borough, fought noise complaints, bringing it all the way to Quebec Superior Court. 

But the court ruled in May that the venue, which first opened as a theatre in 1913, has to keep the noise down. The owner has said the high cost of soundproofing the premises might force closure.

Official says noise regulations need enforcing

Robert Beaudry, the executive committee member responsible for economic and commercial development, told CBC News that all regulations need to be enforced when there are complaints.

However, he added, the city does want to support local businesses like Turbo Haüs.

In a statement, a city spokesperson says when complaints like these arise, the first step is to try to find solutions with the owner, and the owner has a reasonable time to make adjustments. 

The city and borough want to support merchants and performance venues "who are an integral part of the neighbourhood's DNA," the statement says.

The city offers a $100,000 subsidy program so owners of private performance venues can soundproof their premises, the statement says.

Jon Weisz, executive director of Les SMAQ, an association of small, alternative music venues, said it's crucial that any new venue development take into account surrounding infrastructure within a certain radius to avoid these types of issues.

Weisz has said the city's regulations put the burden on the spaces themselves to be essentially hermetic, not allowing any sound to escape, but it's impossible for a concert venue to stop all noise. 

Chantal Rossi, Official Opposition spokesperson on culture, said the vacancy rates of businesses in Montreal is reaching a peak and the last thing restaurant and bar owners need is obstacles. 

"Projet Montréal should instead work hand in hand with the owners of small performance venues to guide them toward the subsidy programs available to reduce noise pollution," said Rossi.