The Odessa Club in Dublin is allowing members to smoke on the roof of the premises in breach of the terms of the lease and with possible health and safety implications, the High Court was told yesterday.
Mr Justice Roderick Murphy granted barrister Michael Conlon, for Mel Sutcliffe and Joseph Crystal, owners of the five-storey premises, leave to apply to the court next Monday for an injunction restraining Sherlands Entertainments Ltd, trading as the Odessa Club, from using the roof area.
Mr Conlon said the Odessa Club was a tenant of its client and operates a restaurant and club area from his client's premises at 13/14 Dame Court, Dublin 2.
His client had become aware the club was using the roof of the premises as a smoking and recreational area in breach of the lease and were effectively trespassing and were seeking a court order to stop that.
Mr Justice Murphy said this was an urgent matter as there were insurance implications. He granted leave to Mr Conlon to apply to the court on Monday for an injunction restraining the defendants from using the roof area.
It is claimed the owners became aware from April 2006 that the roof area was being used as a smoking and recreational area and had asked that such use cease.
The owners said they had safety concerns.