Community Board 6 's Permits and Licenses Committee voted to deny a sidewalk café license for Buschenschank, the pseudo-Tyrolian beer pub at 320 Court Street at a meeting held at the Prospect Park YMCA last night. The establishment had requested a permit for an additional 18 tables and 48 chairs for the outside area.Members of
Several members of the community had taken the time to show up at the meeting to tell the Committee that Buschenschank was a terribly noisy neighbor and that, on warm days, the eatery actually removes all of its windows, allowing loud music to escape from the establishment. One resident pointed out that the establishment was operating like an open-air beer garden. Another resident suggested that, with the windows wide open, Buschenschank already had a sidewalk café of sorts.
Noise complaints were not the only problem. It was pointed out that there are currently quite a few open NYC Building's Department violations noted for the building housing the bar. In addition, when asked, the owners confirmed that they do not have a Place Of Assembly Permit, though they clearly have more than 75 people (including staff) in their establishment on a busy night. (The owner denied that they exceed that capacity.)
Glenn Kelly, one of the Committee member pointed out to the owners of Buschenschank that, according to NYC Department Of Environmental Protection's rules, a restaurant or bar's doors and windows are to be kept closed at all times to prevent noise from escaping onto the sidewalk. Asked if they would keep those windows closed from now on, the owners seemed defiant and said "no". "If that was a rule, how come we never got a violation from DEP at Buschenschank or at our other place, P.J. Hanley's?"
Committee member Lou Sones asked if the owners intended to close the windows during the summer, when the air conditioner would be running. The owners again said "No." Sones informed them that that was a violation as well, which did not seem to impress the owners much.
Their cavalier attitude and their arrogance did not sit well with members of the Board. "You seem to be willing to make getting tickets part of your business strategy at the expense of the community," Committee member Joe Porcelli told them.
In related new, the Commmittee approved a sidewalk café license for both Café Bruno on Henry Street as well as for Marco Polo on Court Street.
The Committee also voted to renew a sidewalk café license for Abelene, but, since the Community Board had received several complaints about the bar, the owner was asked to follow DEP rules and keep its large windows closed.