The Sage Pub on Cottonwood Drive was fairly quiet this past Saturday night. But it will have to pay $400 in fines for noise bylaw violations from last summer. Photo by Paul Everest - Click on picture for larger image

OSOYOOS TIMES-January 27, 2010

By Laurena Weninger - Osoyoos Times

The Town and the owners of the Sage Pub found themselves in Penticton provincial court earlier this month, clearing up the matter of some outstanding municipal tickets relating to noise.
“They pled not guilty to six counts,” explained Osoyoos’s chief administrative officer, Barry Romanko.
The tickets were issued by the Town’s bylaw enforcement officers on six consecutive days, from August 18 to 23, 2009, and each of the six tickets carried a fine of $100.
“They were issued under our noise bylaw for amplified music,” Romanko said, explaining the cause seemed to be music on the pub’s outdoor patio.
The matter went to court when the pub’s owner, Raymond Redekopp, didn’t pay the fines but instead fought the charges.
The Town’s corporate officer, Janette Van Vianen, and representatives from the pub appeared in front of justice of the peace B.R. Burgess on Jan. 7.
The Town’s bylaw officer, as well as the member of the public who made the complaints about the noise, also attended.
Romanko said Redekopp originally argued with the ticketing because the tickets were issued to the wrong party, in that they were not issued to the pub but instead were issued to the pub’s owner.
But when Burgess didn’t agree with that defence, the pub’s representatives then argued the music was not too loud.
The person who made the complaint told the court she had been present with the bylaw officer on four of the six occasions, Romanko explained, adding that the decision that noise is loud enough to breach the noise bylaw is a matter of opinion.
In the end, the pub was found guilty in connection with four of the tickets, but on two of the charges, the judge ruled not guilty.
“There was no way to substantiate the other two complaints except by the bylaw officer,” Romanko said, adding the witness hadn’t been present on those occasions so she couldn’t testify.
The judge also gave the Town some feedback on the bylaw, which will result in some changes.
In the existing bylaw, the bylaw officer is not allowed to be a witness in such cases, so there must be a witness at the site of the noise complaint to back up the charge.
Romanko said the Town will look at remedying that so the bylaw officer can stand as the witness.
In all, the pub must pay fine amounts totalling $400 by Feb. 8.
After the series of tickets that were issued in August, the pub removed the amplified music from the patio, Romanko said.
Redekopp declined a request for comment.
reporter@osoyoostimes.com