A 71-year-old woman, whose health suffered because of the anti-social behaviour of patrons leaving night clubs early in the morning, has been awarded €12,700 damages. The award was against pub owners Mr Liam O'Dwyer and Mr Des O'Dwyer.
But Judge Jacqueline Linnane complimented the pub owners on the comprehensive steps they had taken to meet the complaints of Mrs Mary Laird. She refused to grant her an injunction imposing strict restraints on the running of the nightclubs, Howl at the Moon and Danse Macabre in O'Dwyers pub, Mount Street, Dublin.
Mrs Laird had told the court of having seen sexual acts performed in public and men and women defecating, urinating and vomiting in the laneway alongside the nightclubs close to where she lived.
She said yesterday she was delighted with the outcome of the case and felt vindicated in having taken her action.
"I'm now looking forward to a peaceful and happy retirement," she said.
Mr Liam O'Dwyer, co-director with his brother Des of O'Dwyers 13-pub chain, said they were happy with Judge Linnane's views on the efforts they had made to resolve the issue. He said Mrs Laird had been the only one to complain and that some people were more sensitive on these issues than others.
Judge Linnane, in the Circuit Civil Court, said Mrs Laird had complained of anti-social behaviour in the area of her senior citizens' flats in Verschoyle Court, Stephen's Place, Dublin, and noise nuisance from music and cars parking outside and around the night clubs.
She said the complaints were mainly associated with incidents between 1997 and 1999. Since then the situation had improved.
The Garda, who had never seen cause to object to any licence application by O'Dwyers, had been satisfied the situation had improved.
Judge Linnane said she was satisfied Mrs Laird had suffered as a result of the operation of the clubs between 1997 and 1999, and that due to sleeplessness and stress her health had deteriorated.
She was equally satisfied that when Mrs Laird's complaints had been brought to the attention of O'Dwyers they had been taken seriously and dealt with.