Timing of move to halt running of Dublin hotel criticised

A court has heard criticism of a decision by the landlords of Dublin’s Hampton Court Hotel to sit on alleged public safety issues for months before asking the High Court to restrain those operating the hotel from carrying on their business.

Counsel for hotel tenant Genport Ltd, Neil Steen SC, said landlord Crofter Properties had been aware of redevelopments at the Dublin 4 hotel for the past eight months and had now come to court during the summer vacation to seek to close down the business.

Mr Steen said the landlords had raised issues of fire safety, planning permission and building controls. He said the hotel had been visited by a fire inspector on Friday last and he had been shown around by the manager.

“The inspector indicated there was a high level of fire safety and pointed out a number of minor matters he wanted attended to,” Mr Steen said, who added that due to a lack of urgency the proceedings should be adjourned to October.

Mark Sanfey SC, for Crofter Properties, said the Donnybrook hotel, which used to be known as Sachs, had undergone substantial remodelling and redevelopment work since 2010, the date of the last fire safety certificate, and that the landlord was concerned for public safety.

His client would also seek to restrain further redevelopment at the hotel until Genport had obtained all fire safety and disability access certificates.

Mr Sanfey told the court the boutique hotel was a protected structure and the landlords had been informed in a valuation report that the former nightclub on the premises had been converted to nine bedrooms.

He said significant alteration and change of use in the hotel had taken place without consent and therefore breached the terms of a 35 year lease.

Mr Sanfey said experts had raised significant concerns in relation to compliance across a full range of statutory obligations including planning permissions, building controls and regulations and fire safety laws. Changes included the relocation of a fire escape across the flat roof of the former nightclub and the construction of an enclosed corridor linking fire escape routes.

Michael Doyle, director of Crofter Properties, Appian Way, Ranelagh, Dublin, had told the court in an affidavit that the works had not been completed and would be a hazard if the area was to be used in its current state.

“There is currently no lighting, emergency lighting or smoke detectors installed and the fire exit from a function room was now closed,” he said. “The corridor featured incomplete wiring, missing handrails and missing finishes.”

Mr Sanfey said insurance cover may already be rendered void. Crofter, in the interest of public safety, felt it was necessary to restrain Genport from carrying on the business of a hotel in the premises.

Mr Justice Richard Humphreys said he had been convinced of the need for urgency and put the matter in for hearing on September 13th.

Mr Steen was granted until September 11th to put in a replying affidavit setting out the case for Genport Ltd.

* This article was amended on August 29th, 2017 to correct an earlier error in the editing process.