The Aria nightclub on the outskirts of San Ġwann has been hit by a court injunction, stopping it from playing loud music in the early hours of the morning after disgruntled residents decided to take action.

Mr Justice Joseph Micallef said the court was not seeking to prevent the nightclub from going about its business – but it had to respect people living in the vicinity.

He was ruling on an application for an injunction filed by John and Edith Sullivan, who live close to the nightclub formerly known as Vibes, in Għargħur Road, Tal-Balal. The application was filed against operators Martan Limited.

The Sullivans told the court they had lived in the area since 1984. They said the events organised at the nightclub, including rave parties, had caused them great inconvenience for many years, especially due to the excessive noise generated by the commercial establishment.

They said they could no longer put up with the amplified music until the early hours of the morning. To add insult to injury, during the summer months so-called beach parties involving loud music were organised from lunchtime until early the following day.

The couple said their residence had become uninhabitable

Through their lawyers, Ian Spiteri Bailey and Victoria Cuschieri, the Sullivans said an engineer had found noise levels “well in excess of the accepted values”. The couple said their residence had become “uninhabitable”, particularly during weekends, public holidays and their eves.

The loud music could be heard even when the club’s windows were closed and the sound of bass could be felt from their house, they claimed.

The Sullivans said they had drawn the attention of the police on several occasions but the situation persisted. They maintained that they were being hindered from enjoying their property, which had depreciated exponentially.

In his reply, Martan Ltd’s lawyer, Matthew Brincat, said that the court ought to reject the injunction application due to a lack of legal grounds.

He argued that according to the commercial licence, the nightclub could play music until 4am. The licence covers indoor and outdoor disco areas and a sound system of up to 11,000 watts.

Referring to the engineer’s report, the operator said that the nightclub is surrounded by busy streets with vehicles being driven at all hours of the day. This, in itself, increases the noise levels in the area and must be taken into account.

However, Mr Justice Micallef noted that even in licensed commercial outlets, the law disallowed amplified music beyond 11pm, with the exception of Buġibba, Qawra and Paceville.

Moreover, he said the licence stipulated that to play music between 1am and 4am, the operator “must ensure it is not causing inconvenience to people in the vicinity with any noise that can be heard from outside the premises”.

As he upheld the Sullivans’ request for an injunction, the judge said the disco’s operators “were not being stopped from going about their own business – as they were duly licensed to do so – but only if they found a way to play music which is not heard from the Sullivans’ residence”.

After obtaining the injunction, the Sullivans filed a court case in the First Hall of the Civil Court as they were bound to do by law, where the case details will be heard and finally decided.

matthew.xuereb@timesofmalta.com