Viewpoint: The Docks and the Islanders

By Bill Freeman –

In a classic piece of tabloid journalism, the Toronto Sun and radio hotline shows blamed Islanders when the Docks lost their liquor license on Monday, July 24th. In fact, the Docks had no one to blame but themselves.

The origin of the dispute goes back almost to the time the complex was built over ten years ago. The Docks is the largest entertainment complex in Ontario. It regularly hosts events of up to 10,000 people, dwarfing anything in the city’s entertainment district. The police complained about the abuse of alcohol and drugs, but for the neighbours the complaint was loud music. The main form of entertainment at the Docks was live bands and DJ’s that played with the amplifiers and speakers cranked up to the max with plenty of bass.

The Docks is located in the Portlands right on the Waterfront, and although the complex is surrounded by industrial lands, it is directly across the water from Wards and Algonquin Island and not far from the large condos along Queen’s Quay. Every sailor knows that sound travels easily across water because there are no obstacles to stop it.

From opening night at the Docks there were noise complaints from Islanders, people along Queen’s Quay and sometimes from people as far away as Queen Street. This was more than a little noise. People complained about having to sleep with earplugs. Some were reduced to taking sleeping pills and tranquillizers. Glasses in kitchen cupboards rattled. One Island family put the latest sound insulation into their house and yet the City of Toronto noise inspector, who was in the house one night when a concert was on, said that the bathroom taps were vibrating from the noise. And this noise did not just happen in the evening. It would go on until three and four in the morning, sometimes until seven.

Everyone—the police, the noise inspector, City Councillors representing the wards, and neighbours—were convinced that the Docks had consistently and blatantly violated the city noise bylaw. It was a group of Islanders who decided to do something about it. They kept careful logs detailing when the noise violations occurred and they urged the authorities to take action to stop it. The Docks were taken to court on noise violations on a number of occasions. Fines were levied but nothing changed. The noise continued, and to add insult to injury, the Docks did not even pay the fines leveled against them.

Finally after no resolution to the conflict the matter was referred to the Alcohol and Gaming Commission of Ontario (AGCO). This is the legal body appointed by the Ontario government to regulate all licensed bars, nightclubs and casinos. It has the power to suspend and revoke licenses but in fact licenses are rarely revoked. The hearings on the Docks began in February 2005, 18 months ago and did not conclude until November 24th.

Altogether the AGCO held 26 days of hearings in this case. It was one of the most exhaustive inquiries the agency has ever undertaken. Arguments were presented in detail and witnesses were cross examined. The Islanders’ noise logs were submitted as evidence. The city noise bylaw officer gave detailed testimony. The examination of the evidence could not have been more thorough.

On the final day of the hearings Lynn Robinson, the spokesperson for the Islanders, recommended that the Docks license be revoked but she was very surprised when both the City Solicitor and the council for the AGCO also recommended that the license be revoked.

The members of the AGCO reserved judgment after the last day of the hearings and then, on July 24th they submitted their verdict. The Docks’ license was revoked. That’s when things began to hit the fan and boy was it dirty. Islanders were blamed for the whole problem. A Toronto Sun journalist called Islanders cottagers living on disputed land, many of whom do not pay their taxes, charges that were completely untrue. The Island is a year round community with long term leases on the land, and Islanders pay their taxes the same as everyone else.

Clearly the blame for this dispute has to be laid at the feet of the Docks, not the Islanders. After exhaustive examination of the facts the Docks were found to have violated the public interest. It was ten years of consistent and blatant flaunting of the noise by-law and noise restrictions they had agreed to follow that led to the decision to suspend their liquor license.

Even after that decision the Docks appealed the decision and on July 28th the courts stayed the revocation of their liquor license until the appeal could be heard, but under certain restrictions. There was to be no amplified sound after 11pm and before 11am, no special outdoor events, and they must pay all of their back fines amounting to $14,000. The Docks is back in business till the appeal, but they are being tightly watched and monitored.

Now that the controversy has somewhat died down and saner heads prevail, new arguments have emerged. Mayor Miller and other councillors have pointed out that noise is a huge problem around the city. People have the right to enjoy themselves at bars and clubs but neighbours have the right to peace and quiet, especially late at night.

Perhaps the long term benefit of this controversy will be that the city and the AGCO will stiffen their resolve to enforce noise LAWS. If this happens the result will be a saner and more livable city.