Big Oyster shuts down outdoor music

Big Oyster Brewery in Lewes has shut down its outdoor music, both live acts and prerecorded from speakers, pending the outcome of a hearing with the state Alcohol Beverage Control Commissioner.

Jeff Hamer, owner of Big Oyster, said the controversy started when an ABC employee came to the restaurant and realized it was not in compliance for outdoor music permits. Hamer said he voluntarily pulled the plug last week so he would not be in violation.

Doug Dennison, deputy ABC commissioner, told the Cape Gazette that the office is unable to comment on matters where a public hearing is pending.

Hamer said he never filed a new plot plan for his expanded backyard, thinking the rules that passed during COVID were grandfathered in.

“We expanded during COVID so people could sit outside. We put music outside like the state said we could. It’s made people feel better,” Hamer said. “We’ve had to file for what we’ve had for three-and-a-half years.”

Hamer ran a legal notice in June stating he had applied to “expand the square footage of the licensed patio and add patio variances to include live entertainment, external speakers, a paging system and a wet bar.”

Residents who live within a mile radius of the brewery received notice of the expansion plan.

After that letter went out, Hamer said, some residents in Bay Breeze, The Moorings and other communities signed petitions opposing Big Oyster’s plans.

“I’m not sure why people are up in arms. We’ve never had a noise violation in seven years of having the backyard,” Hamer said.

But, Trevor Bradshaw, president of the Bay Breeze Homeowners Association, said residents in his community just want details of the expansion.

He said the letter asked residents to reply if they wanted the ABC to hold a public hearing. Bradshaw said some responded that they did want a hearing.

“No one is asking Big Oyster to stop anything,” he said. “Residents just want to get answers.”

Bradshaw said he is not aware of any petitions in his neighborhood. He is encouraging residents to attend the virtual hearing.

Hamer launched his own petition Aug. 2, for customers to sign in support. He said more than 200 people, just from Lewes, had signed as of Aug. 5. An online petition for people who do not live in the Lewes ZIP code is also live.

Big Oyster’s outdoor space includes a small stage for performers and ambient music speakers.

“The music is always done by 8 o’clock. The stage and speakers face away from the communities, down Kings Highway. That was intentional. We want to be respectful to our neighbors,” Hamer said.

There is also a children’s play area, volleyball and basketball courts and a pavilion. Hamer said they remain open.

“We’ve always been about families – it’s interactive. You look out and you see parents and kids not looking at their phones,” Hamer said.

Hamer said the violation will have no impact on the new Big Oyster Brewery in Milford.

“I hope this works out for the customers. It’s all about the customers,” Hamer said. “We’ll just have to plead our case.”

The virtual hearing is set for 5 p.m., Wednesday, Aug. 28. The meeting link is https://tinyurl.com/bhncfcsr.