Noise complaints Maynooth

Noise from parties a constant problem in Maynooth estates – Kildare court told.

Noise from parties a constant problem in Maynooth estates - Kildare court told

Noise from house parties is a constant problem in estates in Maynooth, gardai told Kilcock District Court on March 5 during a hearing into a noise related incident in the town.

Garda Sergeant Jim Kelly told Judge Desmond Zaidan that noise from houses is an environmental issue and should be reported to the county council.

Asked by the judge what the gardai did when they were called out, Sgt Kelly said they asked people politely to turn the music down.

“It is a constant problem in Maynooth,” he said.

Sgt Kelly was commenting just before Judge Zaidan applied the Probation Act in the case of a 46-year-old Maynooth man, who was prosecuted following threats over noise levels at a house next door.

Justin O’Keefe, 23 Greenfield Drive, Maynooth, had been charged with threatening to damage property at 22 Greenfield Drive on the Sunday evening of November 26 2017.

Last October, the court heard that Mr O’Keefe, who has young children, sought to have noise reduced at a rented house next door to him and lost his temper with the tenants, threatening to do damage.

However, he did not follow through on his threat.

Mr O’Keefe had called the gardai previously in relation to the noise. The court heard Mr O’Keefe could bring a case in the District Court under Section 108 of the Environment Protection Act but that gardai could not force people to turn down music at 1am in the morning.

Judge Zaidan said Mr O’Keefe was “pushed to extremes.”

On March 5, David Powderly, solicitor for Mr O’Keefe said neither the landlord nor the tenants wanted to get involved in a restorative justice process.

The judge applied the Probation

 

Source: Leinster Leader, to read the article, click here.

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.