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The Royal Court has ruled that a new restaurant can appeal against an official notice to reduce the noise coming from two extractor fans.
Shinzo, which opened in St. Aubin in August, was served an ‘noise abatement order’ by an Environmental Health Officer on 23 September, which gave the steak and sushi restaurant 56 days to quieten the fans down.
It chose to appeal the order in the Royal Court but there then followed a legal wrangle over whether the new restaurant had appealed within the 21 day period that the law allows.
However, the Royal Court has recently ruled that, despite the procedural arguments on both sides, on the balance of fairness, the appeal should go ahead.
Pictured: The appeal will take place in the Royal Court next year.
Its decision was helped by an assurance from the Attorney General, acting for the Environment Minister, that it will not enforce the 56-day rule - which would have given Shinzo until 18 November to stop the noise or face more court action - while the appeal is outstanding.
The appeal, to be heard by Commissioner Sir Michael Birt, is expected to take place early next year.
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