The Dam Pub's application for an exemption from The Blue Mountains noise bylaw was rejected by town council Monday.

The pub, located atop the hill on Bruce St. S., had originally asked for an exemption to allow music on an outdoor patio Thursdays and Sundays from 7 p.m. to 9 p.m. and on Fridays and Saturdays from 7 p.m. to 11 p.m., May 1 to October 12. Prior to Monday's council meeting, the pub's owners had withdrawn the request for Sundays.

A town staff report added that the music would actually end around 10 p.m. on Fridays and Saturdays, but the extra hour was requested to cover any sound from customers still on the patio until the 11 p.m. closing.

The bylaw currently allows a reasonable level of noise from business activities between 7 a.m. and 7 p.m.

The request had drawn mixed response from neighbours. At the April 14 meeting, several neighbours registered objections or concerns while others said they had no problem with the proposal and at least one household said they enjoyed listening to the music in the afternoon while sitting on their front porch.

Council received several more letters at Monday's meeting, most raising objections to the proposal. As well, the Dam Pub submitted a letter reporting on sound levels recorded on Bruce St. S. at various times last Thursday and Sunday, with no music or customers on their patio. Finbow said the pub's numbers were consistent with those recorded by town staff in the same area, averaging about 63 to 65 decibels (dB) during busy traffic periods and about 45 to 50 decibels during quiet traffic times.

"These recordings support our conjecture that Bruce St. is a noisy street for a residential area," wrote Gordon Price, owner of The Dam Pub.

A staff report listed three options for council to consider. The first would have granted the exemption as requested on Thursdays, Fridays, and Saturdays. from May 1 to July 5 as a pilot project. Town staff would monitor the situation and meet with the pub's owners to look at ways to mitigate noise traveling beyond the pub's premises.

The second option limited the exemption to the hours between 7 p.m. and 9 p.m. on Thursdays, Fridays, and Saturdays, also directing staff to monitor the siuation and work with the pub's owners on mitigating measures.

In both cases, staff would be directed to report to council anytime the noise level reached more than 60 dB on neighbouring properties.

But council took the third option, to refuse the request.

That probably isn't the end of the matter. Several councillors agreed with Director of Building and Bylaw David Finbow that the matter needs more study. Finbow pointed out there's no money in the 2008 budget to hire experts to help determine what would be acceptable sound levels. Setting measurable standards for sound levels on neighbouring properties would be the basis for a new noise bylaw, Finbow explained.

Finbow added that the music would only be part of the equation. Noise from customers talking on the outdoor patio would also have to be considered, and studies done for the Ontario Ministry of Agriculture and Food show decibel levels grow as more sources of sound are added.

That point especially interested Councillor John McGee, who repeated his call for detailed study that would form the basis for a more modern noise bylaw. Some work in that direction has already been done by other municipalties, especially the City of Ottawa.

Two weeks ago, when council first considered the bylaw and heard from objecting neighbours, McGee said he was reluctant to approve a blanket exemption for one facility. He worried that other pubs and restaurants might want the same treatment. That concern was borne out at Monday's meeting, when the correspondence included a request from Bridges Tavern, adjacent to the Thornbury mill pond, for a similar exemption.

McGee wants to see a new bylaw that sets standards that can be measured. Expert advice would be needed to help determine what the standards should be. He pointed out that exemptions have, in the past, been granted where merited, for special occasions.

"I don't believe we should grant a blanket exemption, but I do think we should continue the good work we've done to learn more about this," McGee said.

Finbow explained that provincial government standards are set for three classes: urban, rural, and an urban/rural mix. Using the latter as the basis, Finbow said a level of about 60 dB -- including traffic noise -- would be within provincial guidelines. His report noted that sound levels measured by town staff put the average dB level on Bruce St. S., near the pub, at about 63.5 dB due to traffic and other street noises. The ambient sound level, there, he reported, was around 50 dB.

Finbow added that the provincial government "is no longer in the noise business". The province turned the issue over to municipalities, arguing the municipal level is best suited to determine acceptable sound levels.

In preparation for Monday's meeting, Finbow had tested noise levels by playing a radio within the gallery at the L.E. Shore Library while the library was closed. He used that to demonstrate, for council and members of the public attending the meeting, what sound levels were like at various decibel levels.

Councillor John McKean said the demonstration settled in his mind that even a 60dB standard might be too high.

"If you have music and add in people talking and the noise from traffic, it would be pretty difficult for anyone to sleep," McKean said.

Councillor Michael Martin based his opinion on the town's Official Plan, saying the plan contains established policies. Granting an exemption for one commercial property adjacent to residential properties for an extended period of time would be setting a precedent that isn't supported by the town's existing policies and bylaws, Martin said. He added that the Official Plan prohibits council passing any by-law that isn't consistent with Official Plan policies.

Martin added that the Official Plan mandates that policies should maintain ìthe unique small-town character and appealî of Thornbury. Allowing a blanket exemption from the noise bylaw might not fit that policy, Martin said.

He also pointed out that the current commercial designation on the east side of Bruce St. extends to the southern edge of the Dam Pub's property. South of that line, the properties are designated for residential use. On the the other side of Bruce St. S., the properties south of Louisa St. are all residential.

"We've drawn a line in the sand -- no more commercial south of that point," he said. "I feel if a grant this kind of exemption, we're missing what we had decided to do in the Official Plan."

Another consideration, Martin said, is the presence of a retirement and nursing home a few properties to the south. The residents of Errinrung had submitted letters expressing concerns about the possibility the music would disturb them.

"I don't think this issues should just go away," Martin said. "I think we should keep investigating it and create a new bylaw that addresses the issues that have been raised."