Hoxton Hotel wants early hearing for Yamamori Izakaya noise dispute
High Court Reporter
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, Exchequer Street, has claimed that, because of complaints from its guests about late-night music from the adjoining Yamamori Izakaya restaurant/nightclub, it has had to close 31 of its 129 bedrooms.
The hotel brought proceedings in February seeking an injunction that Yamamori be restrained 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 Justice Brian Cregan asked Andrew Walker, for the hotel owners, and Gary Compton, for the defendant, if an expedited hearing date could be set "rather than battling over the injunction".
Walker said it remained the position that his client was still suffering the loss of room "and I will need the injunction". He also 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 also told the parties had considered mediation but Walker said the real issue was sound testing.
The longtime hotel premises reopened last November as the Hoxton which is part of a global chain.
It claims there had 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 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 also heard Yamamori had suggested the hotel should have put in noise attenuation measures during refurbishment.
Trinity Hospitality said it has made a formal offer to pay for a high-specification sound-proofing treatment of Izakaya Basement.
In a statement, it said the sound-proofing would mean the nightclub can move downstairs to its original location, "removing the negative impact of noise transfer, allowing both our businesses to thrive side by side".
"While discussions continue, we have not reached an agreement with the owner of Yamamori Izakaya on a comprehensive sound-testing protocol that would allow testing over several evenings and hours to provide sufficient data to make a reasonable assessment.
"To allow for further time for the owner of Yamamori to consider our offer and to agree on the sound testing protocol, the proceedings have been adjourned again. We remain fully committed to reaching a mutually agreeable and reasonable resolution for both parties.”
