White v Lynch [2011] EWHC 1664 (QB) (07 July 2011)

White v Lynch [2011] EWHC 1664 (QB) (07 July 2011)

The defendant breached the undertaking by permitting music after 23:00 that was not incidental within the meaning of the Licensing Act 2003. The permanent injunction is granted to restrain music above 85 dBA Leq (1 min) after 23:00, but no order is made regarding customer departure time. The rent waiver is to be...

Source-derived case information.

Citation
[2011] EWHC 1664
Parties
Claimant: Allan Kenneth William White; Defendant: Mark Anthony Lynch
Jurisdiction
England and Wales
Judgment Date
07 July 2011
Procedural Posture
Civil / Judgment After Trial of Claim for Permanent Injunction and Application for Committal for Contempt
Outcome
Permanent injunction granted in part; committal application technically succeeds but no penalty imposed; no order as to costs for committal application; directions for further costs and damages assessment.
Legal Topics
Breach of Lease Covenants, Noise Nuisance, Premises Licence Conditions, Planning Permission Conditions, Interpretation of Undertakings, Committal for Contempt, Sound Level Restrictions
Landlord and Tenant Licensing Planning Law Injunctions Contempt of Court Breach of Lease Covenants Noise Nuisance Premises Licence Conditions +4 more

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Summary, issues, holding and outcome

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Parties

Allan Kenneth William White

Claimant

Mark Anthony Lynch

Defendant

Procedural Posture

Civil / Judgment After Trial of Claim for Permanent Injunction and Application for Committal for Contempt

Legal Issues

  1. 1 Whether the defendant breached undertakings regarding playing of music after 23:00
  2. 2 Whether the claimant is entitled to a permanent injunction restraining music after 23:00 and requiring customers to leave by midnight
  3. 3 Proper construction of the rent waiver order

Ratio Decidendi

The defendant breached the undertaking by permitting music after 23:00 that was not incidental within the meaning of the Licensing Act 2003. The permanent injunction is granted to restrain music above 85 dBA Leq (1 min) after 23:00, but no order is made regarding customer departure time. The rent waiver is to be calculated pro rata for the period the injunction was in force.

Court Disposition

Permanent injunction granted in part; committal application technically succeeds but no penalty imposed; no order as to costs for committal application; directions for further costs and damages assessment.

Orders

  • Permanent injunction restraining playing of amplified or live music after 23:00 above 85 dBA Leq (1 min), subject to conditions on sound limiter and expert attendance.
  • No order requiring customers to leave by midnight.