A new Dublin city centre hotel in dispute with a neighbouring restaurant/nightclub over alleged noise nuisance is still seeking an injunction despite engagement between the parties, the High Court heard.
The Hoxton Hotel, formerly the Central Hotel, on Exchequer Street, has claimed that, because of complaints from its guests about late-night music from the adjoining Yamamori Izakaya restaurant/nightclub, it had to close 31 of its 129 bedrooms.
The hotel brought proceedings in February seeking an injunction that would restrain Yamamori from allowing the “emanation of noise of a level, duration or pitch that gives reasonable cause for annoyance to guests” at the hotel.
The case came back before the court on Thursday when Judge Brian Cregan asked barrister Andrew Walker, for the hotel owners, and barrister Gary Compton, for the defendant, if an expedited hearing date could be set “rather than battling over the injunction”.
Walker said his client is still suffering the loss of rooms and “will need the injunction”. He said an open offer had been made to the defendant “to hopefully eradicate the problem”.
The court heard there may be a joint inspection by experts for each side to assess the measures needed, but, if necessary, Compton said his client would be seeking an order to carry out its own inspection.
The judge made directions for the exchange of papers between the parties and adjourned the case to next month. He was told the parties had considered mediation, but Walker said the real issue was sound testing.
The long-time hotel premises reopened last November as the Hoxton, which is part of a global chain.
It claims there has been “repeated and serious noise nuisance” from Yamamori during late night and early morning hours.
The “elevated noise levels” from music five nights a week have resulted in serious interference with the peaceful enjoyment of the hotel by guests, it is also claimed.
As a result of complaints, the hotel has been forced to compensate guests and has received negative online reviews.
The court previously heard the Hoxton estimates projected losses, as a result of rooms not being let, of some €300,000 by the end of March.
The court heard Yamamori suggested the hotel should have put in noise attenuation measures during refurbishment.