Judge refuses to issue noise abatement notice against Derry hotel

A judge at Derry Magistrate's Court has said he is not satisfied to issue a noise abatement notice against a Derry hotel until a full investigation is completed.

During an appeal by the Beechill House Hotel against the issuance of a noise abatement notice by Derry City and Strabane Council, a barrister for the hotel said that the complainant lived more than 800 metres from the hotel. 

He said that the distance from the complainant to the hotel included some wooded area, a river and a main road. 

The barrister argued that there was no evidence as to the source of the noise and it would be wrong to penalise the hotel pending an investigation. 

The court heard that Council were relying in part on the abatement notice to recommend a refusal of an entertainment licence for the hotel. 

The barrister said that a refusal of an entertainment licence had serious implications for the hotel. 

District Judge Barney McElholm said that he was not in favour of granting the abatement notice while the issue was being investigated. 

He said that what if it was found that the hotel was 'blameless' who would compensate them for the loss of business?

The judge said that the Council should not be relying on the abatement notice to refuse the entertainment licence. 

He said he was not allowing the abatement notice to stand pending an investigation and said both parties should consult with each other before coming back to court on November 16.