Judge says smoking area dispute a 'mess'

A judge yesterday described a dispute between a pub owner and a neighbour over a new smoking room and a noise insulation barrier…

A judge yesterday described a dispute between a pub owner and a neighbour over a new smoking room and a noise insulation barrier as a "desperately unhappy mess".

Judge Mary Collins said she could do no more in a row between the owner of the Coyote Saloon, Rush, Co Dublin, and neighbour Diane O'Donohoe.

Dublin District Court heard that, despite a previous agreement, relations had further soured, with the pub owner accusing Ms O'Donohoe of scuppering an attempt to sell the premises, while the objectors say the noise problem persists.

Ms O'Donohoe, who lives next door to the pub at Old Road, objected to the pub's drinks licence renewal.

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She claimed noise from patrons attending the pub, particularly at weekends, was affecting her life and that of her husband and three children. They had lived peacefully there for 15 years until Gary Peters, the current owner, took over 18 months ago.

The problems arose when a new beer garden and smoking area were built outside the pub.

Mr Peters put up a sound barrier at a cost of €35,000 but the neighbours were still unhappy and it was agreed that a trellis should be built on top of the barrier.

At a previous hearing, it was agreed the objection to the licence would be withdrawn if the trellis were built and €1,800 paid to Ms O'Donohoe for legal expenses.

Yesterday, however, the court heard that although the trellis had been built, the sum of €1,800 had not been paid.

In the meantime, Mr Peters received notification of enforcement proceedings by the local council over the barrier. An attempt by Mr Peters to sell the premises was cancelled when the auctioneer was informed of the legal difficulties.

Mr Peters told the court yesterday that the beer garden had planning permission.

Judge Collins said she was only dealing with whether the trellis had been put up and the money paid to Ms O'Donohoe.

The trellis had been put up but it appeared that separate proceedings would mean the €1,800 in question would not be paid.

The case had been re-entered and there was nothing further she could do at this point.

"I am sorry but it just seems to be a desperately unhappy mess," Judge Collins said.