Beacon residents take legal action over plan to close off access to hotel

A management company representing hundreds of south Dublin apartment dwellers has brought a High Court case alleging the operator of a hotel intends to prevent them directly accessing the hotel.

Beacon One Management Company Ltd has brought the proceedings against Beacon Leisure Investments Ltd, which operates the Beacon Hotel in Sandyford.

The company manages some 70 apartments whch are in the same unit but are separate entities to the hotel in the Sandyford Business Park.

At the High Court on Tuesday, Robert Beatty SC, with Stephen O’Connor BL, instructed by Fitzpatrick, Gallagher, McEvoy solicitors for the management company, said the residents have been able for a decade to access the hotel through doors linking the two premises on several floors of the shared unit. Many of the residents pay to use the hotel gym, he added.

One apartment resident who is a wheelchair user had used the right of way to access the hotel’s lifts when the apartment’s lifts were not working, counsel also said. The hotel operator had indicated some time ago it intended to end that arrangement and replace the existing doors with fire doors.

Access

That would prevent the apartment residents accessing the hotel, except in the case of a fire, and the necessary works are due to begin on November 23rd, counsel said.

His client was unsure why the hotel operator wanted to close off the access points but there had been a few incidents of anti-social behaviour involving some apartment residents some years ago, he said.

The case, counsel said, will ultimately come down to interpretation of the respective party’s leases.

In its action, the management company seeks various orders including restraining the defendant interfering with or restricting the right of way between the two premises. It also wants injunctions restraining the defendant interfering or obstructing access ways or common areas between the apartments and the hotel premises.

His client did not wish to take proceedings but had failed to secure an undertaking from the defendant not to go ahead with the works later this month, he said.

Permission to serve short notice of the proceedings on the hotel operator was granted, on an ex-parte basis, by Ms Justice Leonie Reynolds who returned the matter to later this week.