The owners of an office park in the east of Pretoria have obtained an eviction order against a night club that had surrounding property owners up in arms because of its noise levels.
The North Gauteng High Court in Pretoria last week not only granted an eviction order against IBar Interactive Cafe in the Boardwalk Office Park in Faerie Glen, but also ordered the owners to pay the more than R96 000 they still owe on their rent and operating costs.
The owners were also authorised to disconnect the business’ water and electricity supply and authorised the sheriff of the high court to take all necessary steps to enforce the eviction order. The court in addition granted a punitive costs order against the night club.
Ockert Hollenbach, a financial accountant for property owners M & T Development, said in court papers they had entered into a four-year lease agreement with IBar in February last year on condition that the property would be used as a restaurant operating within strict time periods.
The lease agreement also stated that IBar would not carry on business in a manner that made it a nuisance to other occupiers and that the owners would be entitled to cancel the agreement if the night club owners fell behind on their rent and operating costs.
The night club owners started falling into arrears with their payments in March this year, but they refused to vacate the property when their lease agreement was cancelled.
In addition, they unlawfully conducted the business of a night club or bar with live entertainment, causing a considerable nuisance to other occupiers of the office park.
Hollenbach said they had been inundated with complaints from surrounding property owners about loud music being played in the evenings until the early hours of the morning in the night club.
The noise carried on unabated despite a lawyer’s letter and a threat of legal action. When the club’s owners simply denied causing excessive noise, the building’s owners had the noise levels measured.
The tests showed that the club was exceeding the limit for the suburban district by a massive 18,2 decibels. The acoustic engineer concluded this level of noise was likely to cause vigorous community or group action complaints, he added.