The High Court dispute over noise emanating from the nightclub area of Yamamori Izakaya brought by Trinity Hospitality, the operator of The Hoxton Hotel was settled out of court yesterday.
The case returned to court on Thursday and Friday, while reports suggested that the disagreements between the two parties remained with Hoxton counsel saying Yamamori Izakaya was a “company making profit” and is not “providing a cultural institution to Dublin,” before saying “nightclubs come and go”.
All galling statements that are contradictory to previous public statements the Hoxton operators have made.
In their statements they said “The Hoxton does not want to see Yamamori Izakaya close, nor do we want to see nightlife venues curtailed. Yamamori Izakaya has been an important part of Dublin’s nightlife and cultural fabric for years, one of the many independent businesses that give this part of town its buzz,” and “We are not seeking to curtail cultural or nightlife activity, and they would like to see “Yamamori Izakaya to continue operating and thriving, including its nightlife offering.”
To avoid misunderstanding, we are not:
Hoxton’s FAQ
- seeking to close Yamamori Izakaya,
- to stop them trading,
- seeking to stop them from playing music.
Well, it seems The Hoxton hasn’t held to that belief in any way, as Yamamori Izakaya will indeed cease its DJ and nightclub operations this July as part of the out-of-court agreement between the two parties.
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After suggestions of a settlement emerged yesterday evening in newspaper court reports, Yamamori last night put out a statement about the mutual agreement made, which isn’t good news for its nightclub operations.
JOINT STATEMENT
We are pleased to have reached a mutually beneficial agreement between Yamamori Izakaya and Trinity Hospitality, the leaseholder of the adjoining hotel.
Throughout negotiations, both parties focused on a practical and positive solution that would enable these complementary businesses to thrive side-by-side; one that would allow Yamamori to host its popular late-night events and allow the hotel to operate without restrictions.
While DJ and nightclub events held at Yamamori will gradually end on 19 July, the restaurant will continue to operate as normal until the end of the year. Yamamori looks forward to sharing exciting plans for its new venue in the coming weeks.
A depressing outcome
One the one hand, the statement reiterates how an agreement would suit both parties but the statement says DJs will cease playing in Izakaya from July 19th and the music would stop, while “the restaurant will continue to operate as normal until the end of the year.”
It’s a bewildering outcome based on all of the parties’ statements since this case emerged, and among the worst possible results for those who care about a multi-faceted nightlife in Dublin.
More clarity is needed on what has occurred between the two parties – I’m sure it’s coming – we can only speculate in the meantime.
Was Izakaya’s explanation for why they moved the nightclub from the basement to the ground floor a sticking point? The Hoxton counsel called the venue’s explanation for why it moved “utterly vague” so was this a key issue? Has Trinity Capital offered to pay for soundproofing works in the Yamamori basement, a suggestion from the court reports?
Somehow the mutually beneficial agreement results in one side curtailing its operations significantly – is this a classic David vs. Goliath case – where one corporate chain with endless capital and resources put a long enough squeeze on a locally-revered family-run business to the point where it can fight it no longer?
“Yamamori looks forward to sharing exciting plans for its new venue in the coming weeks.” – Again, we can only speculate what this will be – the return of the basement? What happens to the restaurant at the end of the year?
Answers will be forthcoming, but for now, this is yet another victory for the hotel industry over the cultural sector of Dublin – why can’t we protect the establishments that are unique to the city? The Hoxton operates all across UK, US and Europe, there is nothing uniquely Dublin about what they offer. For Dublin’s nightlife, it’s death by a thousand cuts, and those cuts are starting to add up to a distinct lack of spaces for DJs and clubs to thrive. Dublin nightlife is a daisy growing in concrete, just before it’s kicked.
How we got here
In February, the Hoxton’s operators sought a High Court injunction to stop noise from Yamamori, citing “repeated and serious noise nuisance” during late night hours. In an affidavit, the hotel’s manager claimed guests had complained and that 31 of its 129 rooms were not being regularly used as a result.
The initial discussions around the issue before it was brought to court by the Hoxton were fractured and full of disagreements.
Correspondence had apparently been going back and forth between the two sides for weeks. Trinity Hospitality say they had been seeking joint acoustic testing since late November but claimed Yamamori refused to proceed without first receiving technical specifications detailing what sound attenuation measures the hotel had installed during its refurbishment. The hotel’s position was that this information wasn’t necessary for testing to go ahead and that, left with no other option, they went to court.
A further complication in their case: Trinity say the noise issue isn’t coming from Yamamori’s basement at all, but from DJ events now taking place on the ground floor restaurant, which they claim doesn’t have the structural acoustic measures of a proper nightclub.
Yamamori, for their part, hit back firmly. In a statement issued on February 17th, they utterly rejected Trinity Hospitality’s version of events – disputing the account of engagement during the build, the expert meeting claims, and crucially, asserting that the hotel’s operators never shared the requested information about what soundproofing had actually been installed on their side.
By that point, the dispute had already escaped the courts and landed squarely in the public arena. A protest took place on South Great George’s Street on the evening of February 17th, followed by a public meeting at The Cobblestone, with speakers including People Before Profit’s Richard Boyd Barrett TD and by-election candidate Eoghan Ó Ceannabháin. A petition on Uplift gathered significant support in a short space of time.
A further complication to the story? The Hoxton also took over the former Rí-Rá nightclub space, which they plan to rebrand as a basement venue called Groundwork, promising, in their own words, “a venue celebrating community, inclusiveness and classic club culture.”
Niall Byrne is the founder of the most-influential Irish music site Nialler9, where he has been writing about music since 2005. He is the co-host of the Nialler9 Podcast and has written for the Irish Times, Irish Independent, Sunday Times, Totally Dublin, Cara Magazine, Red Bull and more. Niall is a DJ, co-founder of Lumo Club, event curator, Indie Sleaze club promoter, and producer of gigs and monthly listening parties & events in Dublin.
