When it comes to gambling, it is necessary to have peace and quiet in order to concentrate. Or so it would seem from a claim just issued at London’s High Court by the operator of a Bournemouth casino.
In the claim, which has just been made publicly available, Stanley Casinos is seeking a court order requiring a nearby nightclub to reduce its noise levels. The casino operator says that the music from the club constitutes a “nuisance”.
It is alleged that since the nightclub opened last July, the company has received numerous complaints from customers and staff.
The claim contends that the noise is loud, banging, and distinctly audible, and that, despite complaints, nightclub operator Assured Entertainment has failed either to install the soundproofing required by the lease, or to limit the noise.
Stanley Casinos says that, as a result, it has suffered financial losses. The company is seeking an order preventing Assured from permitting any activity that is audible in the rest of the building, together with an order compelling Assured to install soundproofing.
The casino operator also seeks specific performance of the headlease and damages for breach of covenant and nuisance. Stanley Casinos owns the property, the former Tatler Cinema, and says that Assured took a sublease of the premises in July 2002 to establish a high-class nightclub for customers of 21 years and over.
It is alleged that Assured covenanted to install soundproofing, but has failed to do so.
References: PLS News 10/3/03
