The High Court has ordered building works to cease beside a Dublin city-centre restaurant during key dining hours. The order was made yesterday by Mr Justice Thomas Smyth after he visited the Rubicon restaurant in Merrion Row.
The order, to continue until January 11th, restrains the Commissioners for Public Works and its contractors from carrying out building work between noon and 3pm and from 6pm onwards at 7 to 9 Merrion Row, Dublin 2. The sound level also cannot exceed 75 decibels.
The order was sought by Ann Galligan of Grovedale, Ballycorus Road, Kilternan, owner of the Rubicon.
The Commissioners for Public Works and its building contractors, McCallen Brothers Ltd of Omagh Road, Carrickmore, Co Tyrone, began demolition and work at Merrion Row last April, to construct a six-storey office building.
In an affidavit, Ms Galligan said she had operated the Rubicon restaurant since 1986. From September last she had become "seriously concerned with the extent and the persistence of noise and vibrations" coming from 7 to 9 Merrion Row.
Her concern was prompted by an unusual number of customer cancellations and complaints, which she believed were attributable to the noise of the building works.
Mr Justice Thomas Smyth told the court yesterday that he had visited the site himself, and it was quite clear from inside the restaurant that, not only could one hear what was going on, but one could feel the vibrations.
The judge said the decibel meter went up to a reading of 73 and "all you needed was a passing bus to bring the reading up to 80 decibels". Mr Justice Smyth said the plaintiff was entitled to carry out her business, particularly at this time of the year.
Mr Douglas Clarke, for the defendants, said a meter had been placed in the basement of the Rubicon restaurant to monitor the decibel levels.