New legislation could make it easier to complain about noisy neighbours


New legislation could make it easier to complain about noisy neighbours

New legislation being proposed could change the complaints process for people who deal with noisy neighbours.

Fianna Fáil TD for Dublin Mid-West, John Curran, wants to protect the identity of a complainant.

At present, people have to lodge complaints with the Residential Tenancies Board (RTB) if their neighbours are renters.

However they have to provide their own name, which Mr Curran has said is making people fearful to raise issues.

He had called on Housing Minister Eoghan Murphy to amend existing legislation to allow for complaints of a neighbours anti-social behaviour to be lodged to the RTB by a third party.

Deputy Curran raised the issue in Dáil last week.

He said: “Existing legislation regarding residential disputes linked to anti-social behaviour states that only a person who is directly and adversely affected by such behaviour can lodge a complaint to the Residential Tenancies Board.

“What’s more, their identity as the complainant will be made known.

“That makes an already perverse situation even more difficult to manage or contain particularly for those that are genuinely afraid to submit a complaint in the first place.
“We cannot operate a system for complaints on the basis that all neighbours are considerate of other residents, obliging or pleasant”.

He said he has dealt with “a number of serious cases” on behalf of constituents who have been “too fearful” to make a complaint, knowing that they will be identifiable.

“Yet they are all too aware that in the absence of a complaint, nothing can be done to address the ongoing anti-social behaviour.”

He has asked that Minister Murphy consider amending this element of the bill, so that a person other than the individual affected can make it on his or her behalf.

“The fear of backlash or being targeted for reporting their neighbour’s disruptive behaviour is deterring tenants from trying to rectify the situation because often times it’s safer to try endure the hassle caused.

“By amending legislation to allow for a third party to make the complaint on their behalf, it acts as a kind of middle ground”, he added.

Source: Newstalk

Noise Nuisance Case.

Noisy neighbour Ewa Walsh

A Nuisance homeowner, who has been keeping her neighbours awake at night by slamming doors and windows and throwing objects against a wall, has been warned she faces a month in prison if the noise continues.

Ewa Walsh claimed it was a draught that caused the doors to slam, and said the noises were “normal living” sounds and not excessive.


Walsh, of Dun Saithne Green, Balbriggan, denied she was making excessive noise at her terraced house after her neighbour Liam Coyle brought a civil case of noise pollution against her.

Mr Coyle told the court that he had been living beside the defendant since 2011 and never experienced any issues until last year.

“At all hours of the night – 2am, 3am, 4am and 5am – it’s like she is running through her house, slamming doors and windows and throwing heavy objects against a wall,” said Mr Coyle.

He claimed that during the summer months, when the defendant was leaving her home, she would excessively rev her SUV.

He said the noise stopped and she was “quiet as a mouse” after their last court date but then in early December the noise started again.

“I have kept a log and sound recordings of it,” he said, adding that he has a partner and a young child who are kept awake by the excessive noise.

“I would like to get a night’s sleep.”

However, Ms Walsh claimed that the building quality of the terraced houses was very bad.

“If you close a door, everyone hears it. I don’t do this on purpose,” she said.

“His wife bangs on my door as well. Sometimes the draught between doors causes them to slam.”

She also asked: “What does it mean by excessive noise?”

Judge Dermot Dempsey found her guilty of making excessive noise and warned her that if it continued at its current volume, she will end up in prison.

“Monitor the situation for one month and there better be no repetition of noise – otherwise I am dealing with it,” said Judge Dempsey.

He adjourned the case until February 21.


Family of man killed over ‘crow banger’ claim justice has not been done

The family of a Kerry farmer killed by his neighbour in a dispute over the use of a loud crow banger on his land say they don’t feel justice has been served.


Michael Ferris from Rattoo in Ballyduff was jailed for five years today for the manslaughter of Anthony O’Mahony in April 2017.

Anthony O’Mahony’s niece Ann O’Carroll believes the jury got it wrong when they cleared Michael Ferris of murder.

The 63-year-old admitted killing his neighbour by ramming his teleporter into his car while he was trying to pass on a narrow country road, but he denied murder claiming he “just snapped” after over 30 years of provocation.

The trial heard they lived and farmed together in the small rural community and Mr. O’Mahony had a crow banger on his land that would go off every four and a half minutes.

Ferris told Gardaí it was so loud it would “wake the dead” and he felt he had to do something about it.

He was convicted of manslaughter and jailed for five years today – afterwards, Ms. O’Carroll said she didn’t feel justice had been served and she described the trial process as “distressing”.


Residents renew noise complaints as Palmer racetrack seeks permit change

Palmer Motorsports Park manager Fred Ferguson, at left, speaking at the Sept. 24, 2018 Palmer Planning Board meeting  (JIM RUSSELL PHOTO)

PALMER — More complaints about noise from Whiskey Hill Raceway were voiced by residents during Monday’s Planning Board meeting, but the track’s manager said mitigation measures have been put in place and more action could be taken to lessen the noise.

Since the 2.3-mile Palmer Motorsports Park racetrack opened in 2015, Ware, Warren and Palmer residents have complained about noise.

Fred Ferguson, the racetrack’s manager, said at Monday’s meeting that a thousand feet of “acoustic fabric” has been installed to dampen sound.

“We are prepared to put up more,” he said.

A number of residents attending the meeting said noise problems continue, and they questioned a recent sound study, saying it was completed on a day when the track was not at its loudest.

An attorney representing the town of Palmer said that, unlike previous sound studies, this one measured decibel levels of loud noise in the moment, rather than as an average over the course of a day.

Ware Planning Board Chairman Richard Starodoj also attended the meeting, as did Ware Town Manager Stuart Beckley.

“There is a constant drone” in some sections of town but not in others, Staradoj said. He recommended additional “points in Ware” from which to measure the noise.

“Some (days) are louder than others,” Palmer Planning Board Chairman Michael Marciniec said, alluding to results he gleaned from the recent sound study.

Monday’s hearing was convened to act on Palmer Motorsports Park’s request to amend its operating permit to remove language defining sound limits. The amended language proposed by Ferguson would require “actual noise” to be in compliance with “state regulations.”

At the time the raceway was approved, the Planning Board required the track to scientifically estimate how much noise would migrate off site. If reference to that “project model” were removed, according to the Planning Board, criteria to determine whether the track is too loud would no longer be part of the operating permit.

No decision was made on Ferguson’s request during Monday’s meeting. The Planning Board continued the public hearing until Nov. 26.

By Jim Russell, Mass Live, to read it click here.


Some noise complaint details compiled on

Well folks, as promised, here are some of the noise complaints we have compiled up to August 2018.

Source: Irelands only online noise complaint website (

Type of Noise

Wind Turbine Noise

How does it affect you?

Keeps me awake

Industrial Noise Reverberating sound but only 25db on average, annoying when trying to sleep. Lots of people can’t hear it but that doesn’t mean it’s not a nuisance to me. Not sure of source of noise so concerned when I don’t know cause.
Industrial Noise Constant deliveries and associated noises , banging , metal grinding , trucks , roll cages , fan noise
Quarry Noise Truck and machine noise
Aircraft Noise Planes flying over our house quite low from 11pm at night.
Wind Turbine Noise Swooshing, thumping , buzzing humming screeching
Construction Noise County council road breaker working 10 metres from my home causing my whole house to vibrate.  Work starts at 7pm till 4am. Noise is deafening and it’s impossible to sleep.
Quarry Noise Quarrying machinery and crushing
Road Traffic Noise ruins the peace and quiet of the countryside
Barking Dogs or Livestock My neighbour’s dog is kept inside. He howls and barks while they are away at work during the day. My house is semi-detached and the sound insulation is very poor.
Barking Dogs or Livestock Neighbours dog barks constantly
Road Traffic Noise The vehicles on the M11 are very noisy as the M11 does not have noise reducing bitumen and there are no sound barriers on the Rathmichael side. The small segment of sound barriers on the Shankill side of the M11 deflect the noise over to the other side of the motorway, amplifying the noise pollution for the Rathmichael residents
Barking Dogs or Livestock Barking dogs
Entertainment noise from a venue or bar Really loud music
Industrial Noise Banging and mechanical pressing noise until 4 or 5am in the morning.
Power Generation, Substations and Electrical A very low resonating sound that seems to be heard at night. It can sometimes be difficult to hear but it sounds like a very low hum. May be related to power lines which go through the front of the housing estate.
Road Traffic Noise Constant stream of traffic and accompanying road noise
Rail Noise Platform Public Address System
Road Traffic Noise Continued noise from M7 motorway. Screening vegetation planted along this part of the motorway has not grown and has died away. Road surface seems to be noisier here than in other places. Cold weather, wet weather and wind direction all have an effect on the level of noise.
Road Traffic Noise I work mon to Fri and have to leave for work at 6:45 the volume of traffic on the road is constant throughout the night and my apartment block is not far from the road
Even sealing the window with extra draught excluders makes no difference
I have been wearing ear plugs since I moved in.
Clay Shooting or Rife Noise Very loud bangs and constant shooting like popping sounds
Rail Noise Trains waiting to enter Connolly station
Wind Turbine Noise especially early morning trying to sleep
Road Traffic Noise Traffic on newly opened motorway M17
Wind Turbine Noise Like an airline jet
Road Traffic Noise I like to sleep at night with my bedroom windows  open. Since the owner of the house in front of me felled the tall conifers the noise from the road means I have to  close the windows every night. Wet roads sound much worse.
Road Traffic Noise Vehicle noise speeding N80
Clay Shooting or Rife Noise Consistent loud shotgun and rifle shooting
Barking Dogs or Livestock Dog next door
Construction Noise Building and traffic arriving at building site.
Clay Shooting or Rife Noise Very loud bangs and constant shooting like popping sounds
Industrial Noise We have noise from a number of sources. One a waste water treatment plant to the front of the house ,the other a cash and carry centre operating through the night with large refrigerated trucks being loaded .The treatment plant is a 24/7 source of  noise pollution with an unending drone sometimes escalating to a very loud motorised noise.
Road Traffic Noise Road noise from M4 motorway
Sports Noise (Motorsport, Model Aircraft, Jet Ski) Footballs being pounded against the barriers and cages surrounding 4 all-weather soccer pitches. This noise is worse before or after a match as the footballers constantly pound the balls full force against the barriers. The sound can be heard from inside my home.
Aircraft Noise We are woken approx. 5am every morning with airplanes flying over, sometimes earlier and including weekends
Industrial Noise The noise is coming from a concrete batching plant about 75 meters away. The plant itself causes bad  vibrations which can be felt all through the house, the main problem is when the trucks are mixing the concrete which is almost constant the noise levels at our front door can reach in excess of 65-70 DB. This noise can start from 5:30am Monday to Saturday. It has woken the whole family on a number of occasions (2 Adults & 2 children Age 9 +15)
Road Traffic Noise constant traffic noise from M4, worse depending on wind direction
Industrial Noise increased traffic and shipping in the Port and Docks
Road Traffic Noise increased traffic and shipping in the Port and Docks
Noise from a neighbouring property Every Friday at 6:30 am the building alarm in XXXXXX Building starts for about 10 min straight for the past 2 months!
Aircraft Noise Sleepless nights due to aircraft flying over my house from 2300 or earlier the noise is terrible been onto DAA only the same standard e mail each time
Sports Noise (Motorsport, Model Aircraft, Jet Ski) Kids  & teenagers playing hurling & sports at side of my home.
Road Traffic Noise Trucks every two minutes going to the incinerator
Construction Noise Drilling, digging, heavy machinery and the trucks
Industrial Noise Vibrating noise from Delivery Lorrys and reverberating noise from factory
Industrial Noise Reverberating Noise(Hum)inside my house
Industrial Noise Reverberating noise
Industrial Noise Air compressor noisy
Road Traffic Noise road traffic passing house behind house
Noise from a neighbouring property loud slamming of doors, scraping of chairs and tables across tiled floor, music and loud washing machine/dryer
Noise from a neighbouring property House alarm
Event/Festival Noise There is a gaming event in the XXXXX XXXXX  grounds in Tallaght.  People are speaking on a microphone and it’s is very loud. I can hear exactly what they are saying.
Noise from a neighbouring property High pitched whistling noise 24/7 which sounds like a malfunctioning AC Inverter’s external unit. It’s been going on since at least August 2017 and getting louder by each passing month. It’s absolutely disturbing during quiet night hours since XXXXXX House where we live only has single sheet windows which do little to nothing to muffle the sound.
Noise from a neighbouring property Loud voices, parties, music
Entertainment noise from a venue or bar singing outdoor with high volume speakers
Noise from a neighbouring property Neighbour turning on his boat’s engine at 20:30 when kids are sleeping. It is extremely noisy and baby keeps waking crying with the noise.
Noise from a neighbouring property Farmers crow scarer. Shotgun type noise approximately once every five minutes 24 hours a day, every day.
Noise from a neighbouring property People out drinking playing music on the canal all night
Noise from a neighbouring property Laud music and frequent parties
Entertainment noise from a venue or bar Playing loud music after 11pm, causing migraines
Noise from a neighbouring property It is 11:30 pm and my children aged 2 and 5 cannot go to sleep
Noise from a neighbouring property Loud music and shouting
Entertainment noise from a venue or bar Loud music from outdoor speakers in the smoking area at the back of the pub in a newly renovated XXXXX bar. During the day time at weekends.

At night time loud noises from large groups in the back outdoor smoking area.

Industrial Noise Industrial noise from XXXXXX house . Ongoing from 21.00 through to after 23.00
Entertainment noise from a venue or bar


Very loud drinkers on second floor patio, and occasional DJ event that is way too loud.




Entertainment noise from a venue or bar Blasts of music from XXXX Gym… currently just been woken up by it at 2.30am. I have lodged 3/4 complaints with them and no change.


Noise from a neighbouring property Loud music and shouting and screaming from a party out a back garden till 3am


Road Traffic Noise M50 Traffic increasing, can be clearly heard from all bedrooms in our house, more so since recent large trees were removed. Motorbikes speeding regularly wake us and our baby.
Noise from a neighbouring property Loud antisocial behaviour at midnight, young individuals probably intoxicated


Barking Dogs or Livestock
Entertainment noise from a venue or bar Extremely loud music, affecting ability to sleep, Sat and Sun, and often during the week


Barking Dogs or Livestock Large dog barking


Noise from a neighbouring property Music loud all the time, specially night-time. Jumping and dropping objects on the floor. Speak very loud.


Quarry Noise Noise and traffic from quarry from 4am in the morning, and regular blasting
Road Traffic Noise All road traffic
Aircraft Noise Aircraft taking off and landing
Road Traffic Noise Traffics from ring road and feeder roads
Road Traffic Noise continuous noise from N2 road
Barking Dogs or Livestock Seagulls calling 24hours a day
Entertainment noise from a venue or bar Disturbed sleep. Unable to use garden at times


Noise from a neighbouring property Footsteps overhead


Road Traffic Noise road traffic noise
Noise from a neighbouring property DIY noise drills hammers etc. .some nights up until 11 o clock, affects our sleep and can’t relax watching TV


Road Traffic Noise Our estate has recently been built alongside a bypass. The extent of the noise of road traffic was a realisation after we purchased the house. There is constant traffic noise particularly trucks breaking and accelerating coming into/driving out of round about which results in interrupted sleep particularly for my baby daughter whose bedroom is at the back of the house. This noise starts as early as 4.30am. Large volumes of traffic use this bypass to avoid paying a toll on the nearby motorway.
Noise from a neighbouring property Electric shower
Construction Noise rock breaker  in back yard of house 8 hours per day
Road Traffic Noise Animal noises from mart and HGV mart traffic through night and unsociable hours 7 days a week
Wind Turbine Noise Loud whirring and turbine noise, upsets my dogs and myself and the more they build the louder it gets
Road Traffic Noise The traffic from the main road which we are a reasonable distance away from is getting louder and louder, especially since tries have been cut down, sound travels hugely in this area despite the rural setting
Industrial Noise Noise from the very large forestry opposite us, particularly if they are making new paths or harvesting, it goes on for weeks, I can’t even open a window when they are there and there is never any warning even as a courtesy
Barking Dogs or Livestock Every neighbour that has dogs in our area seems to keep them outside they bark constantly and then my dogs get disturbed, the loudest are the greyhounds, they bark and howl 24/7 and also fight at least that’s what it sounds like

Construction Noise Complaints UK

NO one wants to be rudely awakened in the early morning by some builder banging and hammering away.

There are times when noisy construction work can take place but these do vary.

 Builders get to work with a jackhammer

What time can builders start work in the UK?

The power to allow noisy work to take place rests with the local authority, under the Control of Pollution Act 1974.

As such times when noisy work is not permitted does vary but there are some standard hours with are generally seen as acceptable:

  • Monday – Friday: 8am – 6pm
  • Saturday: 8am – 1pm
  • Sunday or Bank Holiday: No noisy work

The hours though are just general guidelines and it is best to check with your local council for exact times as they can vary.

Those hours relate to professional builders rather than DIY enthusiasts, although with DIY the recommended hours vary due to the local authority./

How can you complain about noise?

In the first place just go and speak to the builders, most will probably see no problem and take your wishes into account.

Outside of the hours described above you have the right to complain to the local council

Source: The Sun

Noisy neighbours sparked half of all complaints to Northern Ireland councils

More than half of almost 23,000 nuisance complaints made to councils across Northern Ireland in a year related to excessive noise

Noisy neighbours accounted for 56% of the 22,919 complaints made between August 1, 2016 and July 31, 2017.

Disputes over plants made up 22% of all complaints, with issues relating to light, animals and air pollution accounting for a combined 17%.

The statistics were compiled by Churchill Home Insurance.

The high volume of statutory nuisance complaints, which equates to 63 every day and almost three an hour, was 35% less than the previous year in Northern Ireland – and across the entire UK there was a reduction of 2.4%.

Churchill Home Insurance boss Martin Scott expressed concern over the number of complaints, which amounted to over half a million in all four regions of the UK.

“It is a worrying indictment of modern society that so many people are failing to take responsibility for their communities, keeping noise and other disturbances to a minimum.

“Living next to a poorly maintained property, or loud and disruptive neighbours, can not only be a harrowing ordeal but could also affect the long-term value of your home if you were to look to sell,” he commented.

According to the figures obtained from over 320 councils across the UK, only 663 (5%) of the 12,835 noise complaints here resulted in a Noise Abatement Notice being issued by a council.

A breach of the notice – which gives councils power to stop or restrict the nuisance by seizing or confiscating equipment and applying to the High Court for an injunction – can result in prosecution and fines.

The statistics show that in the 12 months up to July 2017 there were a dozen breaches in Northern Ireland, with the average fine here amounting to £114 compared to £528 for the 624 breaches elsewhere in the UK.

Belfast City Council dealt with 12 breaches, the highest number of all councils.

Mr Scott warned that council enforcement of environmental regulations is “crucial” to stop the actions of inconsiderate people from blighting the lives of others.

“Living next to a noisy neighbour can be extremely debilitating and have a serious impact on the mental well-being of the victim,” he said.

Northern Ireland ranked 11th out of all regions within the United Kingdom when it came to the number of statutory nuisance complaints logged in 2016/17.

London came in at number one after accounting for almost a third of the 577,563 complaints made in the same period.

It was closely followed by the South East of England where councils received 79,307 complaints about issues ranging from noise disruption to rubbish accumulation which caused a disturbance to other residents.

Source: Belfast Telegraph

DAA seeks contractors for noise insulation

Dublin Airport is seeking contractors to work on a noise insulation scheme for homes affected by the construction of its proposed new runway.

The daa is looking to build a second runway at Dublin Airport

Tenders have been invited for the delivery of a ‘Noise Insulation Scheme Consultancy Framework’ for the new runway project and up to five companies will be enlisted to operate the project.
A range of consultants are being sought for the project from environmental engineering consultants to sound insulation and room acoustics consultants to consultancy services on energy efficiency and building fabric.

More than 100 homes in the so-called ’63-decibel contour’ around Dublin Airport have been offered sound insulation paid for by the daa using contractors it will directly employ for the job.

The issuing of tender invites for those contractors is the first concrete step to the scheme being realised.

Homes in the 69-decibel contour have been offered a buy-out scheme by the daa but can opt out of that scheme and decide instead to take the sound insulation option and will be allowed change their mind up to three years after the runway is completed.

If they opted for the insulation process and later opt for a buy-out, the cost of the insulation will not be subtracted from the valuation of their home.

Should those buy-out scheme receive a different independent valuation from the one the daa-hired agent comes up with, there will be an arbitration process for any difference more than 5%, paid for by daa, the Fingal Independent understands.

The buy-out offer is being made to all homes in the 69 decibel ‘noise contour’ which will be impacted by increased noise levels from the new runway. This contour has been reduced since the original planning process for the new runway and now, only a handful of the homes in the scheme are inside the redrawn contour, However, the buy-out offer has been made to all of the homes inside the original and larger contour.

The development of the new runway before the courts with Fingal County Council being challenged on its decision to extend planning permission for the project.

Fingal Independent

How are noise complaints handled in NYC?:

City officials can order an activity stopped if the resulting noise exceeds regulations.

Residents can make noise complaints about unruly construction


The joke in New York City is that there are two seasons: winter and construction.

Residents in other cities quip the same, but the idiom rings truest here, where New Yorkers filed more than 446,000 noise-related complaints in 2017, the most common reports coming via 311. Those complaints flag loud construction sites, car and truck horns but even more typically “loud parties” or music.

For New Yorkers woken up to the sounds of jackhammers in the morning, the city’s Noise Codeprotects its residents from such sonic assaults. And, earlier this year, the City Council passed a bill sponsored by Councilman Ben Kallos that aims to limit construction noise—particularly during overnights and weekends.

New construction projects need to abide by a lower sound limit when working after hours — before 7 a.m. or after 6 p.m. — during the business week and anytime on weekends. Before the law passed, crews were not permitted to make noise above 85 decibels within 200 feet of a residence. That limit will drop to 75 decibels in 2020 under the new rules.

Listening to sustained, repeated sounds “at or above 85 decibels can cause hearing loss,” according to the National Institutes of Health. For comparison, a normal conversation has a decibel level around 60 decibels; a jackhammer is around 110 decibels and a nearby jet takeoff would be at roughly 130 decibels.

The city’s Department of Environmental Protection offers a summary guide to the code online and Edward Timbers, a DEP spokesman, helped answer some common questions on rules around noise violations:

Under current laws, what levels of noise are permissible in residential New York City areas and when?

According to the NYC Noise Code, the level of noise that is permissible depends largely on the level of ambient noise in the area.

If a report of unreasonable noise comes to DEP, an inspector will be sent to the location to take readings of both the ambient levels of noise, and the level of noise with the offending activity, whether it be construction, a barking dog or an HVAC unit.

The Noise Code sets out parameters for each particular activity, and how much noise it may legally create above the ambient level.  A noisy party may result in a visit by NYPD, who will determine whether the noise is reasonable, or not.

What protections are in place to ensure that construction contractors meet those noise regulations?

All construction projects must file a noise mitigation plan and take all reasonable steps to limit the amount of noise they create. If a certain activity is creating an unreasonable amount of noise, a recently passed law authorizes DEP to order the activity to be stopped until the excessive noise is abated.

And what penalties are in place for contractors, or individual residents, who violate noise regulations?

A Notice of Violation issued by DEP carries penalties ranging from $50 to $24,000.  A repeat offender who shows no willingness to remedy an unreasonably noisy situation could be issued a cease and desist order from the courts.


Source: AM Network


Ruling against noisy nightclub upheld on appeal, penalties reduced

A Divisional Court judge has taken some of the sting out of a ruling against a downtown nightclub that keeps its neighbours up at night, but it’s a blow nonetheless, says a lawyer retained by the bar.

The numbered company that runs Lev3L Vodka Emporium, commonly referred to as Level 3, must still pay neighbour Richard Gordner the maximum allowed in small claims court for being a “nuisance.” But, on appeal, the court has reduced the additional penalties originally assessed against the bar for its “unreasonable behaviour” during the trial.

The decision is troubling, not only to Level 3, but to the entire entertainment industry in Windsor, and is potentially harmful to the economy of downtown Windsor

Gordner, a lawyer who lives in the high-rise condominium building called Royal Windsor Terrace at Park and Pelissier streets, sued Level 3 in small claims court for the bass-thumping music that keeps him up on weekend nights. In a ruling earlier this year, deputy judge Simon R. R. Davies awarded Gordner $25,000 — the maximum allowed in small claims cases.

LEV3L bar at The City Grill is located directly beside Royal Windsor Terrace condos on Park Street West. The bar has lost an appeal of a noise complaint brought by a neighbour.NICK BRANCACCIO / WINDSOR STAR

Noting the seven-day trial stretched over 12 months to accommodate the busy schedule of Level 3’s lawyer and that the bar refused to make any concessions which may have shortened the trial or avoided it altogether, Davies imposed $10,000 in additional penalties on top of $1,000 in costs.

Level 3 appealed the award. In a decision released last week, Divisional Court Justice Russell Raikes upheld the $25,000 award, but struck down the penalties. But the bar, which continued to argue the music Gordner was hearing did not originate from its premises, must still pay the $4,800 bill for a sound engineering company Gordner retained to prove otherwise.

Contacted Monday, Gordner said the appeal court awarded him everything he had been seeking. The original judge who heard the trial imposed the additional penalties without Gordner ever asking for them.