Noise experts carrying out inspections in Hoxton Hotel and Yamamori Izakaya dispute
High Court Reporter
Noise experts are carrying out inspections at the Hoxton Hotel in Dublin in the dispute with an adjoining nightclub about late night music nuisance, the High Court heard.
The Hoxton, formerly the Central Hotel in Exchequer Street, claims it has had to close 31 bedrooms because of complaints from guests about noise from the Yamamori Izakaya restaurant and nightclub/late-night bar.
The Hoxton is seeking an injunction over the noise levels but a hearing of the matter can only take place when inspections of the rooms have taken place, the court also heard.
The defendant disputes the hotel's claims and also says the problem lies in the construction and noise insulation of the premises, which opened for trade in November following a major refurbishment of the old Central Hotel building.
The case has been adjourned a number of times as talks took place about the approach to noise assessment.
On Thursday, Andrew Walker, for the Hoxton operators Trinity Hospitality Ltd, said the issue of inspection by experts had now been ironed out, with experts from both sides carrying out their own inspections.
He was looking for a date for the hearing at the end of this month.
However, Gary Compton, for the defendant, said inspections were to be carried out on the Thursday, Friday and Saturday nights of this week and next week by his side's expert, and until they are completed, the injunction application would not be ready for hearing.
He also said his side fundamentally disagreed with the proposition that there are a number of rooms affected, given the dearth of testing so far.
"We also say there is a problem with the building, which we told them about, but the plaintiff has now accepted that inspection is necessary," he said.
He also said that while the parties are cooperating, there may still be a problem with the inspections.
Judge Oisín Quinn said the results of testing should be before the court, and he would adjourn the case to Friday so that it could be given priority on a list to fix dates of hearing.
