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Statement on the Recent Court of Appeal Ddecision Concerning La Tulipe and the Amendment of the Noise Bylaw (Article 9)

MTL 24/24 would like to express its concern and disappointment regarding the recent decision by the Quebec Court of Appeal to prevent the historic La Tulipe concert hall from producing any perceptible outside noise. This decision goes even further than the ruling handed down by the Quebec Superior Court last May, which had required soundproofing work to be carried out at the venue’s expense, following complaints from the owner of an adjacent residential development built in 2016.

We consider this decision to be unreasonable and unfair. A slight noise overflow is normal and often unavoidable in the regular operation of concert halls. The costs of full soundproofing to eliminate any sound leakage are unaffordable for small and medium-sized venues, which are crucial to our city’s cultural infrastructure. The heritage status of La Tulipe, the site of a performance hall for over 100 years, further complicates the soundproofing work.

City officials have confirmed that the addition of residential units near La Tulipe was approved in error, given the strictly commercial zoning of this section. This underscores the fact that zoning alone is not enough to protect our beloved venues. The current noise bylaw is vague, outdated and fails to protect venues in their normal operations. Even when zoning has been respected, we’ve seen condos built irresponsibly close to venues all over the city, including in well-known nightlife areas, leading to the closure of several establishments.

We therefore welcome the city’s recent announcement of an updated noise bylaw (Article 9), which is excellent news for our nightlife community, and we hope that other concrete measures will soon follow.

We nonetheless urge the City of Montreal to prioritize the rapid ratification and application of its nightlife policy, and strongly advocate the inclusion of additional protections for entertainment venues. We also advocate the universal application of the agent of change principle in all nightlife zones, to protect existing venues from complaints from new neighbors.

We must act together to ensure the survival of our city’s nightlife institutions, many of which are facing existential challenges. If nothing is done, Montreal risks losing the nocturnal magic that makes it so special.

As we often say: culture lives at night!