A TRALEE couple have been awarded €10,000 in damages in a claim for nuisance against a town centre hotel arising from noise disturbance over 2½ years.
The plaintiffs, Anthony Lynch, an early-rising postman and his wife Brenda, who works with Kerry Group, had to endure sleepless nights and on occasions had to take their children to their grandparents’ home to sleep because of “tonal, impulsive and thumping noises” coming from functions in the nearby Abbeygate hotel, the Circuit Civil Court in Tralee heard.
Once, women’s screams at a male stripper show and comments inappropriate for children could be heard by the Lynches and their two children.
The Lynches had been living at their house in St John’s Park in Tralee since 1990. The Abbeygate Hotel was built in the mid-1990s and noise levels were set by the local authority.
Problems arose with function-room noise. These were addressed by the then owners. New owners took over and problems arose again in 2006. The Circuit Civil Court in Tralee also heard the Abbeygate Hotel had recently installed double glazing at a cost of €7,000, and had modified a door, and a keg store through which sound was emanating.
The plaintiffs said this had made little difference and the noise continued to disturb them.
Mr Lynch produced diaries of the family’s difficulties with the noise on more than 10 occasions.
Environmental noise engineer Damian Murphy found the noise to be excessive, above 45 decibels in an upstairs bedroom – as against an acceptable level of between 25 and 32 decibels.
Judge Ray Fullam granted an injunction against the hotel not to have excessive noise. He awarded €10,000 and costs to the couple.