Dispute over safety compliance of Temple Bar venue settled

Dublin City Council sought to close Roberta’s restaurant over building regulation issues

A settlement has been reached in a dispute over compliance with building safety regulations at a new bar and restaurant in Dublin, the High Court has heard.

Dublin City Council had sought orders closing the Roberta’s restaurant, located on the first floor of Dollard House between Wellington Quay and Essex Street, until the regulations, including safety matters, were complied with.

The case was initiated against Workman’s Club Ltd and Keywell, respectively the operators of the bar/restaurant and owner of the building but the court heard on Thursday Keywell had been taken out of the case.

The council had wanted the court to order that continued operation of the restaurant required a regularised fire certificate, a disability access certificate, and a valid certificate of compliance on completion of works.

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The court heard works were continuing on the ground floor and basement area of the building.

On Wednesday, Mr Justice Seamus Noonan had urged the parties to consider mediation and adjourned the case to the end of the month to allow the defendants reply to affidavits sworn by a senior council building control officer.

Compromise

On Thursday, Stephen Dodd BL, for the council, told the judge the case had been compromised on the basis of certain agreed matters.

These included the council would, within four days, issue a disability access certificate for the basement, ground and first floors.

On receipt of that certificate, along with a revised fire certificate, Workman’s Club would deliver to the council a certificate of compliance with the regulations on completion of works for all three floors.

Workman’s also agreed not to operate the ground and basement floors until the completion certificate has been entered into the register of compliance.

The parties agreed to bona fide co-operation with a view to achieving a speedy registration of the certificates, the court also heard.

The also agreed to have “resolved their differences” by carrying out those steps and that neither shall issue proceedings prior to the completion of such steps.

The agreement was signed off by senior council building surveyor, Pat Nestor and Patrick McKillen junior, for Workman’s Club.

Mr Justice Noonan congratulated both parties over their approach to “a difficult and troublesome case” and adjourned it for mention next October.