LEWES, DE – A debate over live music at the Big Oyster Brewery reached a conclusion tonight after a state hearing before Delaware's Alcohol Beverage Control Commissioner. The brewery had been forced to stop its live music performances following noise complaints from neighboring residents, but tonight's ruling allows the music to return.
The brewery, which expanded its outdoor seating area during the COVID-19 pandemic, said they did not obtain the necessary permits for the expansion following the pandemic, assuming it was grandfathered in. As they sought to certify the expansion post-pandemic, concerns were raised about the impact of their outdoor live music on the surrounding community.
Residents like Joe Pika voiced their frustrations, stating,
“All of us in this neighborhood are able to hear the music. It’s music you haven’t chosen to listen to, you haven’t chosen when you're gonna hear it, and what it does to have an imposition on neighbors for several months of the year.”
Big Oyster Brewery argued that they have been hosting live music for several years without complaints until the recent need to certify the expansion. They even gathered over 2,000 signatures in support of continuing the music. They stressed during the meeting that nothing new, including speakers and amplifiers, would be added other than an outside wet bar, which was also approved tonight. Jeff Hamer from Big Oyster Brewery said they want to be good neighbors,
“Everywhere along the line, I have shown consideration to how I’ve handled the conditions of the music on the property, and taken into consideration my neighbors the whole time,” he said.
After a meeting that lasted over three hours, during which both supporters and opponents of the live music presented their cases, the commissioner ruled in favor of the brewery.
“In this case, while there were certainly strong opinions and significant concerns that were raised, I do not think that the concerns rose to the level of a substantive objection." said Commissioner Jacqueline Paradee Mette "I believe this evening the license has established a good cause,” she added.
However, the ruling came with specific time restrictions for live music performances. Which Big Oyster Brewery said have already been in place.
Music will be allowed from Wednesday through Sunday, with two time slots: 12-3 p.m. and 4-7 p.m., with the possibility of extending from 5p.m. 8 p.m. on certain occasions if artists arrive late.
As the conflict over music in Lewes draws to a close, enforcement of these new rules will be overseen by the Delaware Alcohol and Tobacco Enforcement Agency (DATE) to ensure ongoing compliance.