# Challenging a Public Dance Licence



## NigelCraig (26 Aug 2009)

How does one go about challenging an application for a public dance licence?

The hotel beside our development has recently reopend it's disco and the noise, especially from the crowded smoking area which backs onto the houses, is horrendous, going on until 4am on the nights that it is open. Now it seems that they are going to make the most of their facilities by opening midweek too.

Complaints to the hotel are not being taken seriously, but they have an application in the local paper this week for the renewal of their licence.

Does one have to object in person in court when the application is being made, or can it be done in writing beforehand?


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## nuac (26 Aug 2009)

Objectors have to appear in person, with supporting evidence.

state your objections in writing beforehand to applicant and to Gardai

If your previous complaints were in writing bring your file to court.  Copies for yourself and other side.  Originals for judge.

Check if local council will do a noise measurement for you. If not it would help, but it is expensive, to arrange for attendance of such an expert on the scene at the unsocial hours necessary and then to be available in court.

Many discos have noise limiters ( can't recall the technical name ) which cut out the amplification when it reaches a certain level. Ask the judge to order such an installation if not already there.

If you or someone employed by you has to clean off urine and vomit from pavement and frontage have that evidence there too, with pre-clean photgraphs if available.

Check the planning permission for any conditions re use of premises and write to planning authority if you think there is a breach or non-complaince.

Call to local district court office to check conditions in existing dance hall licence. Judge would take a serious view of any breach of those.

You can appear in person but it may be as well to have a solicitor to organise above and present the evidence. It is likely that there will be an appeal against the District COurt Order to the Circuit Court.


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## Cat101 (26 Aug 2009)

Are there other residents around you with the same strong feelings regarding the licence being renewed/granted? It's awfull that you must listen to that noise in your own home.
If it were me, I'd knock on doors and gather as much support as you can when objecting.


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## nuac (26 Aug 2009)

Agree with Cat101 in principle.   Strength in numbers etc.  However common pattern is that at the committee meeting there is a lot of talk, but that when push comes to shove, and it comes to signing objections and attending court, it will be left to one or two.   Gather or get some commitments for funds at first meeting before enthusiasm wanes or the promoter "clarifies" matters with some of the objectors.


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## NigelCraig (27 Aug 2009)

Thank you very much for that information.

Seems like it's time to conscript some troops for the battle ahead.


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## bond-007 (27 Aug 2009)

You only have a few weeks to object. The court will be in September.


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## annet (27 Aug 2009)

There's also the forthcoming noise pollution act which at this moment in time is at the Bill stage and is moving through the house of the oireachtas.... when its enacted you can also use the provisions of this legislation.


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## Complainer (27 Aug 2009)

Get video evidence of the noise disruption, and bring this with you on a laptop. Even if the judge doesn't look at it, the fact that you have it available will help you.


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## nuac (28 Aug 2009)

Not too sure about the video evidence. If it is for noise levels, other side may query if it is being amplified. Even if video evidcence agreed, many judges not keen on it as it slows matters up.

You would need to arrange with court services for a large screen to be made available rather than showing it via laptop.

Whoever took the video would need to be there.


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