Big Oyster Brewery owner Jeff Hamer will get to keep outdoor entertainment, including live music, after the Delaware Alcoholic Beverage Control Commissioner rejected neighbors’ protests over noise.

Commissioner Jacqueline Mette issued a verbal decision after a virtual hearing Aug. 28 that lasted more than three hours.

“The neighbors raised significant concerns, but they did not rise to a level of a substantial objection,” Mette said in her decision.

She said Hamer established good cause for the requested variances at the family restaurant at 1007 Kings Hwy. in Lewes.

The approval includes live music on an existing stage; cornhole, basketball and other play areas; amplifiers and speakers; and a new outdoor wet bar.

Hamer dropped his request for a paging system.

Mette said her approval includes the current hours Hamer has for live music: Wednesday through Sunday from noon to 3 p.m. and either 4 to 7 p.m. or 5 to 8 p.m. Hamer does not have live music Mondays or Tuesdays.

Hamer said an inspection was done on the morning of Aug. 29, and that he’s just waiting for the actual permit.

Some neighbors who live within a mile of Big Oyster testified against the application.

Jane Levandoski said she and her husband live 1,000 feet from Big Oyster, in Bay Breeze. She said the music wafts into their community.

“I could hear it with my windows open or if I was trying to have quiet time on my screened-in porch, which faces away from the brewery,” she said. “We did not move into Big Oyster’s neighborhood; they moved into ours.”

Mette said state law permits her to suspend a license if noise exceeds 65 decibels 100 feet or more from an establishment.

Most of the neighbors who testified at the hearing also said they are loyal Big Oyster customers. They said they like the food, atmosphere and live entertainment when they are there, but not the ambient noise when they are not.

There was still some confusion over the application. Some neighbors believed Hamer was trying to expand his business.

But, he testified that he was only trying to keep the amenities he has now, some of which were installed during the pandemic.

“I put music outside to keep musicians away from everybody and give people a sense that life would get back to normal eventually,” Hamer said.

Hamer said he made what he called a reasonable mistake by not submitting a request to ABCC to keep the outdoor space.

“I didn’t get the proper permitting for the outside area. It was all my fault,” he said. “We’ve been operating this way for over two years, and we’ve never had a complaint.”

Hamer voluntarily shut down the outdoor music in early August, pending the outcome of the hearing.

Hamer, who owns eight other restaurants as part of the Fins Hospitality Group, said he only wants to be an asset to the community.

He pointed to his support for police and fire departments and the recent Shuck Cancer 5K, which began and ended at Big Oyster.

“We will operate as a good neighbor as we’ve done in the past, and we’ll try to be a better neighbor in the future,” Hamer said.