White v Lynch

White v Lynch

The defendant breached undertakings by permitting music after 23:00 that was not incidental, at levels intended to encourage dancing and not background, thus violating lease and planning conditions. Permanent injunction is granted limiting music to 85 dBA Leq over 1 minute after 23:00, with conditions for sound...

Source-derived case information.

Parties
Claimant: Allan Kenneth William White; Defendant: Mark Anthony Lynch
Jurisdiction
England and Wales
Judgment Date
07 July 2011
Procedural Posture
Civil / Final Judgment After Trial
Outcome
Permanent injunction granted; committal application technically succeeded but no penalty imposed; no order as to costs for committal application; costs for interim injunction and discontinued claims to be determined after representations.
Legal Topics
Breach of Lease Covenants, Noise Nuisance, Permanent Injunction, Licensing Act 2003, Planning Permission, Contempt Proceedings
Landlord and Tenant Licensing Planning Law Contempt of Court Breach of Lease Covenants Noise Nuisance Permanent Injunction Licensing Act 2003 +2 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Allan Kenneth William White

Claimant

Mark Anthony Lynch

Defendant

Procedural Posture

Civil / Final Judgment After Trial

Legal Issues

  1. 1 Whether the defendant breached undertakings regarding music and customer departure times
  2. 2 Whether the claimant is entitled to a permanent injunction restraining music and customer presence after specified hours
  3. 3 Construction of the rent waiver provision in the interim injunction order

Ratio Decidendi

The defendant breached undertakings by permitting music after 23:00 that was not incidental, at levels intended to encourage dancing and not background, thus violating lease and planning conditions. Permanent injunction is granted limiting music to 85 dBA Leq over 1 minute after 23:00, with conditions for sound limiter and expert attendance. No order is made regarding customer departure time, as statutory and planning requirements suffice.

Court Disposition

Permanent injunction granted; committal application technically succeeded but no penalty imposed; no order as to costs for committal application; costs for interim injunction and discontinued claims to be determined after representations.

Orders

  • Permanent injunction limiting music after 23:00 to 85 dBA Leq over 1 minute, subject to sound limiter and expert attendance conditions
  • No order regarding customer departure time