Couple seek injunction over bar next to their home in Gorey
High Court Reporter
A couple have sought a High Court injunction over alleged nuisance from a bar next to the home in the centre of Gorey town, Co Wexford.
Patrick and Ellen Asple live next to Browne's bar on North Parade, Main Street. The boundary of their property adjoins the boundary of the pub, including its external courtyard area.
They say the bar was taken over in 2023 by new owners, Jadeacre Ltd, whose directors and beneficial owners are Patrick and Tommy Redmond.
Asple said in an affidavit that for the last year or so, he and his wife have been "subjected to repeated and persistent noise nuisance" from the bar.
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.
The disturbance from the music and loud crowd noise often continues into the early hours, frequently not abating until 1am or after, he said.
Since the beginning of this year, Asple said he has used a SoundLab environmental noise level recorder and captured noise levels of almost 90 decibels (DB).
The Asples employed an acoustics specialist who carried out a continuous noise survey between June 19th and 22nd last year.
This confirmed the existence of a significant noise nuisance of between 49DB and 57DB, exceeding the applicable limit of between 7 and 15DB, he said.
Asple said the defendant's 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.
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. The bass-heavy music penetrates through walls and windows even when the windows are closed, he said.
"My wife and I dread the approach of each weekend, knowing that our sleep will be disrupted and our peace disturbed". The defendant had completely refused to engage with their complaints or ameliorate the nuisance, he said.
On Wednesday, July 29th, Gary Compton, for the Asples, told Justice Brian Cregan there is an issue with planning permission, and there is also a "definite question" about the licensing of the external area.
Grainne Fahey, for Jadeacre, said it was her side's position that the status quo has pertained since 2024 and there has been no averment that things have changed since mid 2024. She said alcohol has always been sold from the external area.
Fahey said she was applying for an adjournment of the case but, in the meantime, "to take the heat out", the defendant says there will be no music after 11pm.
Justice Cregan said the sides should talk to one another about that, but the defendant should get a replying affidavit in by Thursday.
If nothing can be agreed, the judge would have the injunction application heard on Friday, or otherwise he would adjourn it to a vacation sitting in September.
