Noise complaints from neighbours could close La Tulipe

A Plateau music venue says it's in danger of closing after a neighbour served it with an injunction ordering the venue to stop making noise.

The La Tulipe venue on Papineau Avenue has been operating for over a century, in a building recognized as a heritage site by the Quebec's Culture Ministry.

According to an online post made Tuesday by La Tribu, the company that owns and operates La Tulipe, the problem is due to a zoning change.

It said that a neighbouring building, previously zoned for commercial or industrial use, was accidentally cleared for residential development. 

The new owner has since complained about the noise coming from the venue, leading to "dozens" of police visits and fines, according to La Tribu. 

The situation culminated in the injunction, which will be heard by a judge this coming Tuesday.

"We could end up no longer being allowed to operate," said Claude Larivée, the chairman and CEO of La Tribu.

Bylaw interpretation to go before the courts

Larivée said the city made a mistake by authorizing the zoning change for the building and allowing the residential development.

"There is a bylaw which specifically prohibits a change from commercial to residential for any space adjacent to a performance hall, or even a bar, in the Plateau-Mont-Royal borough," he said.

Speaking to Radio-Canada, Plateau-Mont-Royal Mayor Luc Rabouin confirmed that the work to build a residential unit was done with a city permit, but said the borough is committed to keeping La Tulipe open.

"For us, this cultural institution is essential and we want to keep it in the Plateau, and we'll be doing everything in our power to make it so," he said.

Rabouin said the city will also be in court next week on the issue. The interpretation of the bylaw that could have prevented the zoning change is being contested by the building owner, he said.

"We will see what the judge decides, but if there's been an error [by allowing this residence], we will correct it," he said.

Rabouin would not comment on any of the borough's proposed solutions because the case is going to court.

"We will ensure that the activities of La Tulipe can continue," he said.

CBC News has not received a comment from the homeowner.

Thousands of dollars in fines

Larivée said the La Tulipe building can only be used for entertainment purposes, due to its heritage status.

"What do you do with a performance hall when you can't put on shows? When you have been doing it in peace for over 100 years?" he asked.

Following La Tribu's social media post, singer Damas said the venue received a $1,000 fine for each of his shows performed last week.

"The police came and tapped on the shoulder of my sound engineer," he wrote on Twitter.

He said La Tulipe even received several tickets for daytime rehearsals done in the fall, and called the situation surreal.

The building adjacent to La Tulipe was used for a long time as a warehouse by the comedian and actor Gilles Latulippe, founder of the Théâtre des Variétés. He bought the building, as well as the one housing La Tulipe, in 1967. He  sold the warehouse in 2000.

If La Tulipe closes, it wouldn't be the first in the borough to lose its battle with noise complaints.

After 13 years and more than 10,000 shows, Le Divan Orange closed in 2018 due to financial struggles and an ongoing battle with neighbours over noise. The Plateau-Mont-Royal music venue was located on St-Laurent Boulevard near Rachel Street.

Les Bobards, a popular bar and live music venue at the corner of St-Laurent Boulevard and Marie-Anne Street closed in 2015 after 26 years of business. 

Though the venue's owners didn't make it clear why it was closing, noise complaints were an issue. Its management went to considerable expense to soundproof its premises after it was slapped with a $1,250 fine for excessive noise in 2013.