A couple have sought a High Court injunction over alleged nuisance from a bar next to their home in the centre of Gorey, Co Wexford. <\/p>\n
Patrick and Ellen Asple live next to Browne\u2019s bar on North Parade, Main Street. The boundary of their property adjoins the boundary of the pub including its external courtyard area. <\/p>\n
They say the bar was taken over in 2023 by new owners, Jadeacre Ltd, whose directors and beneficial owners are Patrick and Tommy Redmond. <\/p>\n
Patrick Asple said in an affidavit that for about the last year, he and his wife had been \u201csubjected to repeated and persistent noise nuisance\u201d from the bar.<\/p>\n
It is primarily at weekends but also on bank holidays, Sundays and occasional midweek evenings. There is amplified music coming from the premises and noise from large numbers of patrons in an external courtyard area where alcohol is purchased and consumed, he said.<\/p>\n
The disturbance from the music and loud crowd noise often continues into the early hours, frequently not abating until 1am or after, he said.<\/p>\n
Since the beginning of the year, Asple said he had used a SoundLab environmental noise level recorder and captured levels of almost 90 decibels (dB).<\/p>\n
The Asples employed an acoustics specialist who carried out a continuous noise survey between June 19th and 22nd last. <\/p>\n
This confirmed the existence of a significant noise nuisance of between 49dB and 57dB, exceeding the applicable limit of between 7dB and 15dB, he said.<\/p>\n
Asple said the defendant\u2019s own planning application recognised the potential for noise impact on nearby residential properties and recommended there be no amplified music or speech in the external courtyard. <\/p>\n
The noise nuisance has had a deeply distressing impact on their daily lives and normal conversation in their home is disrupted during peak periods of activity, he said. The bass-heavy music penetrates through walls and windows even when the windows are closed.<\/p>\n
\u201cMy wife and I dread the approach of each weekend, knowing that our sleep will be disrupted and our peace disturbed,\u201d he said.<\/p>\n
The defendant had completely refused to engage with their complaints or ameliorate the nuisance, he said.<\/p>\n
On Wednesday, Gary Compton, counsel for the Asples, told Judge Brian Cregan that there was an issue with planning permission and a \u201cdefinite question\u201d about the licensing of the external area.<\/p>\n
Grainne Fahey, barrister for Jadeacre, said it was her side\u2019s position that the status quo had pertained since 2024. She said alcohol had always been sold from the external area. <\/p>\n
Fahey said she was applying for an adjournment of the case but in the meantime, \u201cto take the heat out\u201d, the defendant said there would be no music after 11pm.<\/p>\n
The judge said the sides should talk to one another about that but the defendant should get a replying affidavit in by Thursday. <\/p>\n
If nothing could be agreed, the judge would have the injunction application heard on Friday, or otherwise adjourn it to a vacation sitting in September.<\/p>\n","protected":false},"excerpt":{"rendered":"A couple have sought a High Court injunction over alleged nuisance from a bar next to their home…\n","protected":false},"author":2,"featured_media":574413,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[73,61,60,43,9270],"class_list":["post-574412","post","type-post","status-publish","format-standard","has-post-thumbnail","category-ireland","tag-high-court","tag-ie","tag-ireland","tag-news","tag-wexford"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/posts\/574412","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/comments?post=574412"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/posts\/574412\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/media\/574413"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/media?parent=574412"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/categories?post=574412"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/tags?post=574412"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}