Community Board 6 Votes To Deny Sidewalk Café License For Buschenschank

(Buschenschank owners in front of CB6 Permit and License Committee last night)

Members of 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. 

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 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.

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Is Buschenschank Proving To Be A Rather Noisy Neighbor?

The first time I walked past Buschenschank at 320 Court Street, the newish pseudo-"Tyrolian" pub on Court Street on a recent balmy spring evening, I was amazed at the noise emanating out of the eatery's huge window openings. The conversation fragments, laughter and music could even be heard from at least a block away. No wonder. Since Buschenschank actually removes the entire window panels and leaves its doors wide open weather permitting, it becomes, in essence, a bit like an open-air beer garden.
That may be great fun for its patrons, but a real quality of life issue for those residents unlucky enough to have to listen to the noise.

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. Perhaps the owners of Buschenschank are not aware of this? (See video below)
And the problem could become worse. Buschenschank is currently in the process of requesting a Sidewalk Café license to add 18 sidewalk tables and 48 chairs around the periphery of the restaurant.
Imagine the noise level with all those additional tables and chairs.
One of Buschenschank neighbors just reached out to me and writes:

"I'm curious if there has been any news about Buschenschank located at the corner of Court and Sackett. In November when they opened I didn't predict that they would create an open air restaurant/bar by removing ALL of their windows. The noise has really increased since the warm weather and I'm not opening my front windows yet. They do put the windows in at 11pm but loud smokers are in and out until 2am.
On Friday of last week I received a certified letter from Huitres Inc at 320 Court street, which is Buschenschank, stating that as result of their application for a sidewalk cafe license the Department of Consumer Affairs required they alert neighbors who live within 50 feet of that address.
I'm curious if you've received any feedback from neighbors about how they feel about Buschenschank, their open windows and now this new sidewalk cafe news.
I know I live in a very urban area and in the end I'm not sure what I can do about the addition to new bars in the neighborhood. I've started wearing earplugs every night and I'm really worried for when the temperatures get warmer and I'll have to open the windows at night - My husband and I are preparing to keep the AC on in the bedroom each evening during the summer."

A meeting regarding Buschenschank's Sidewalk Café licence in front of Community Board 6 has been scheduled for April 23rd at 6:30pm at Prospect Park YMCA located at 357 9th Street (Between 5th & 6th Avenues) on the 7th Floor. If neighbors cannot come to the meeting they can email info@brooklyncb6.org.

It may also be of interest that the building housing Buschenschank has quite a number of open NYC Building's Department violations. Perhaps it would be reasonable to ask Buschenschank to first clear those violations and keep its windows and doors closed as per DEP rules, before granting them a sidewalk café license.

And lastly, it may interest Buschenschank that even its patrons don't seem to enjoy its music to the volume very much either.
One reviewer on Yelp complained of their "terrible loud generic indie crap music" and another commented that "they have some serious issues with the music. I was there the other evening and our group had to leave because the music was so loud. As in shouting across the table to hear loud. To top it off, it was just really bad aggressive newish rock music that I would assume 19 year old boys in fraternities must listen to."


Video taken at a 2010 CB6 informational meeting about rules governing bars and restaurants.

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With Plywood Fence Finally Down, A First Look At Buschenschank On Court

After what seemed an eternity, the plywood fence that has been surrounding the old OTB space at 320 Court Street finally came down, revealing Buschenschank.  The new South Tyrolian-inspired tavern, was slated to open in early October, but obviously was delayed.  A worker on the premises told me this afternoon that the beer hall will definitely open next Monday. 
Buschenschank is the latest venture of restaurateur James McGown, already known in the neighborhood for his South Brooklyn Pizzeria at 451 Court Street. Along with Italian/German wines and beer from that region, Buschenschank will be serving stick-to-the-ribs German specialties like Knödels, Wurst and Schinken.
That corner is about to get very loud....
What do you think of the big reveal? 

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