Loud music, booming bass and sonic vibrations are just three of the top complaints some residents of 801 King Street West, located near Niagara Street, have made to bylaw officials in recent weeks. They say a new facility opened in June in a commercial space on the street level of their building, and they’re having sleepless nights a few times a week as a result. Bei Sun has lived on the third floor of 801 King Street for about 10 years. He said he never had any problems with noise until a few months ago, when he suddenly started playing loud music at 1 a.m. “I heard these kinds of heavy dances and the electric vibration,” Sun told CTV News Toronto. “My window, I heard some noise so I call security who told me there’s a bar downstairs they’re opening.” Sun said the loud music continued week after week, making it almost impossible to fall asleep. As an employee at a long-term care home, he often works on the weekend, the same nights the facility is open. “I can’t rest,” she said, adding that she had to call in sick because of the lack of sleep. “It’s this heavy bass of music, it goes to your mind, to your heart. It makes you super. You can’t sleep at midnight.” Sun is one of several residents who have called 311 and asked bylaw officers to come to her unit to measure the noise. But so far no action has been taken. The facility located at the bottom of the condominium is called Hyde Social. Their website has conflicting hours, with one area promoting a happy hour Monday through Friday from 3 p.m. Their Instagram account also says they’re open Wednesdays, Fridays and Saturdays, and they also promote bottle service and guest lists. The video shows large groups of people dancing and making shots while DJs play music in the background. In response to CTV News Toronto’s inquiry, a representative for Hyde Social said the business operates as a licensed restaurant and bar, with a full kitchen serving food and beverages. “We try to be good neighbors and so when we were made aware of the noise concerns, we engaged an accredited sound company who completed a full analysis of our operations. It has been confirmed that our operations are within the prescribed permissible noise levels as per the city Bylaw,” they said. “We are also in contact with the city’s Bylaws officers to discuss the matter and will work with them to ensure we are in compliance with all Bylaws.” Angeline Putnickovich had purchased a unit at 801 King Street with her sister in May. At the time, the space now occupied by Hyde Social had been boarded up and her real estate agent said they weren’t sure what was going on in the space, but that it could possibly be a restaurant. She told CTV News Toronto that she was “gutted” when she spent her first night in the apartment on Canada Day and was kept awake listening to music. “It really felt like I was in the nightclub,” Putnickovich said, adding that it wasn’t just the music, but the sound of an air horn and heavy footing that shook her second-floor unit. “There’s no way to sleep through this,” he said. “If it’s like this every weekend or even… especially Wednesday, Thursday throughout the work week. I do not know what I will do”. The City of Toronto confirmed that it has received three complaints about Hyde Social in June 2022 and is “conducting an investigation to determine if it has the proper business license.” “This is an active investigation and we are unable to provide further information at this time,” a spokesperson said in an email. The business has a “food shop” license, according to a business license search. A restaurant is largely considered a restaurant, cafe, bar or pub with seating for patrons. A night club or entertainment center is defined as a place where there is a dance floor for patrons and where seating is not provided for most patrons. The food or drink is offered “as an ancillary use”. Joe Mihevc, councilor for Spadina-Fort York, told CTV News Toronto that it’s unclear whether zoning rules allow a nightclub to be on the street level of a condominium board, but that there are requirements regarding noise and the overall behavior when inside a residential area. He urged residents to continue to call 311 with any concerns or complaints, as that’s the only real avenue they have from the city’s perspective. However, he also acknowledged that whistleblowing law enforcement is a much slower process than a process involving a criminal law violation. “Before they start the prosecution, if they decide to go to court, they have to develop a case,” he said. “They also try to work with the landlord or property owner, whatever the case may be, to remedy the situation.” “What we really want is for people running businesses to succeed and to do it in a good way.” “We’re not going to shut down the business, we’re out to make sure they comply with all the regulations, so we’ll give them time to fix it.” Toronto real estate lawyer Bob Aaron suggests condominium tenants band together and take other legal action through their board. “They can ask for the music to stop at 1 in the morning because there is an obligation for peace and quiet in the building,” he said. “I think the condo board has a lot of power and the city has a lot of power, which they may or may not use, and I think the law is on the side of the residents.”

NO NIGHT BURGLARY NOISE

Sabrina, another resident of 801 King Street West, is part of a group called No Nightclub Noise, which was formed in response to another business in the area that they say is also causing sleepless nights and anxiety. The group launched a petition after months of trying to deal with the establishment through city channels, such as calling 311 or contacting their local councilman. “There’s obviously the noise of life on King Street, street cars, traffic etc. But I’ve never had any problems with night club noise until February 25 this year,” said Sabrina. It was around this time that Pizza Wine Disco opened at 788 King Street West. Residents claim it is a nightclub masquerading as a restaurant. They have complained of loud music blasting until 3am, large groups of people flooding the streets and patrons regularly breaking into nearby properties to urinate. Sabrina has lived at 801 King Street for about 15 years and said she never had a problem with the area before now, even when a pub was open in the spot currently occupied by Hyde Social. “It’s not just affecting our building. It affects a lot of buildings in the neighborhood,” he said. Videos tagged Pizza Wine Disco, posted on Instagram and TikTok, show a packed bar with people dancing on tables, as well as patrons sitting down enjoying pizza and drinks. They also have a dedicated “nightlife” website where guests can request bottle service. In a statement, a spokesperson for Pizza Wine Disco (PWD) said they have never used a DJ and never played music outside of its opening hours, which run from 5 p.m. to 2 a.m. between Thursday and Saturday. “The City of Toronto has confirmed that people with disabilities comply with all municipal regulations, including those related to noise levels. Our staff carry out regular and frequent decibel readings and we have installed noise limiters in the sound system to ensure continued compliance,” they said. “The fact that the PWDs are a stand-alone building means we are able to effectively monitor and control the volume coming from the premises. We also have a significant security presence and increased signage outside to ensure that patrons do not cause excessive noise when entering or exiting the facility.” The spokesperson insisted that PWD “is not a nightclub” and that it “does not have a dance floor or guest list and does not charge ‘cover/entry’”. “PWD has gone above and beyond to establish itself as a productive and respected member of the community. The vast majority of our neighbors happily support our activities and have become regular customers.” Farat Farrokhi lives in a townhouse right next to a disabled person and says he is now considering moving because of the stress the situation is causing him. He has lived in the area for nine years and told CTV News Toronto that the back lane of the restaurant is right next to his bedroom. He said he hears loud music and that after closing time, patrons tend to hang around, talk loudly and urinate or vomit on his property. She has complained to 311 and reached out to various politicians at all levels of government, but when Hyde Social moved into the area, she had had enough. “I have an appointment with my broker tomorrow. I’m just thinking about leaving. And it’s not a good time for me to do that,” he said. And he’s not the only one. Sabrina is also considering leaving the neighborhood she loved. “The Regulations, the tools we have to protect us, are really very biased towards business,” he said. “There’s nothing in them that really gives us any kind of leverage to fight the fact that there was a nightclub in a residential building, in a residential area.” “It’s sad…