A High Court bid is to be made, “in the interests of public safety”, to restrain the Hampton Court Hotel on Dublin’s Morehampton Road, Donnybrook, from carrying on the business of a hotel.
Mark Sanfey SC, for the hotel landlords Crofter Properties, told the court on Wednesday that the tenants, Genport Limited, and a director, Philip Smyth, had remodelled the interior of the hotel which had for decades been known as Sachs.
Mr Justice Donald Binchy granted Crofter Properties leave to serve short service on the tenants indicating its intention to apply for injunctive relief restraining further redevelopment until Genport had obtained all fire safety and disability access certificates.
Mr Sanfey, who appeared with O’Gradys Solicitors, told the court the boutique hotel was a protected structure and the landlords had been informed in a valuation report that the basement had been converted from a nightclub to nine bedrooms.
In July a visual inspection of the premises by experts revealed significant alteration and change of use in the hotel which had taken place without consent and therefore breaching terms of a 35-year lease.
He told Judge Binchy that the experts had raised significant concerns in relation to compliance across a full range of statutory obligations including planning permissions, building controls and regulations and fire safety laws.
Fire escape routes
Mr Sanfey said the most recent fire safety certificate that could be found dated to April 2010 and it appeared the redevelopment had taken place since then. The changes included the relocation of a fire escape across the flat roof of the former nightclub and the construction of an enclosed corridor linking fire escape routes.
Michael Doyle, director of Crofter Properties, Appian Way, Ranelagh, Dublin, said in an affidavit that the works had not been completed and would be a hazard if the area was to be used in its current state.
“There is currently no lighting, emergency lighting or smoke detectors installed and the fire exit from a function room was now closed,” Mr Doyle said. “The corridor featured incomplete wiring, missing handrails and missing finishes.”
He told the court that Crofter was on notice of serious deficiencies in the compliance of fire safety obligations and with planning and development legislation and regulations. Mr Sanfey told the court Crofter was seeking an injunction restraining further development and said insurance cover may already be rendered void. Crofter, for the safety of members of the public, felt it was necessary to restrain Genport from carrying on the business of a hotel in the premises.
Judge Binchy said that due to fire and safety concerns he would grant leave for short service of proceedings on Genport and Mr Smyth and made the matter returnable to next week.