Dicey's beer garden and VIP suite on Dublin's Harcourt Street has been allowed a late licence but were ordered by a judge to keep music levels down following noise complaints.
Lisa Lawlor, Geraldine Collins, Sarah Purcell and Joan Coleman, who live at nearby O'Carroll Villas, Cuffe Street, Dublin 2, objected to Triglen Holding Ltd obtaining a special exemptions order (SEO) for Dicey's beer garden, which is part of the Russell Court hotel.
They were supported by Councillor Mannix Flynn when they alleged there was a "noise nuisance" from the Dicey’s beer garden
It resulted in hearings over several days, plus a "site inspection" by Judge Marie Quirke, who oversees pub, restaurant and hotel licence applications at Dublin District Court.
Nightclubs and late bars need to obtain an SEO from the District Court for every occasion they want to trade past regular trading hours. SEOs permit extended opening hours until 2.30am.
The judge said on Wednesday that she inspected the venue, in the company of all objectors, including five areas in the beer garden with speakers.
She said there is now a restricted sound level in two areas, including the VIP suite and ground floor barbecue sections, to 80 decibels, and 85 on the other three: the first-floor balcony, ground floor glass area and the penthouse area.
"This has only been in place for a relatively short period of time, and the original cause for objection is noise," the judge said; however, she noted on Wednesday that the residents reported that there had been an improvement.
But they remained worried and asked to have it in writing that the music would not be "pumped up again".
Judge Quirke said it would be a condition of the SEO, which runs until September 6th.
She ordered the limiters to be in place and regularly inspected by the venue's sound expert.
Judge Quirke noted from gardaí that the premises were conducted in accordance with law and added that she was glad to know the residents noise concerns had been addressed.
She said the residents were entitled to come to court and object if the sound "goes back up".
The judge also noted that the residents had lodged objections to the hotel's licence, which will come before the annual licencing list in September.
She also said she wished to see "chapter and verse" details from the planning file when permission was granted for the venue's amenity garden area in the early 1990s.
