By: NATASHA SMITH
DESPITE COUNTLESS complaints from residents about excessive noise from Klube K nightclub in Vilamoura since it was opened nine years ago, the venue remains open and now, against all odds, the issue is being investigated by the European Court of Human Rights (ECHR).
Sally Sykes, who wrote to ECHR with her case, had her application for an investigation accepted on August 11, which is a feat as around 95 per cent of cases are thrown out.
She cites three rights which have been violated by the nightclub and the State of Portugal, which is being held liable as Sikes has not received any response to a letter and petition with 125 signatures she sent last year to Prime Minister José Sócrates, President Cavaco Silva, Loulé Câmara, the regional development authority (CCDR) and, Lusort, which owns the club. In her application to ECHR, she wrote that the right to an effective remedy, the right to protection of property and the peaceful enjoyment of one’s possessions, and the right to respect for one’s private and family life and one’s home have all been violated by this nightclub and the State.
The club is located 300m from her property and, night after night, from midnight to 7am, Sykes told The Resident: “the noise is deafening”. She added that her windows shake and her family refuse to visit her in the summer, when the club is open.
Surprise inspection
The Resident reported last year that 20 officers from Autoridade para a Segurança Alimentar e Económica (ASAE), a government inspectorate with police powers that controls adherence to food hygiene, made a surprise inspection of the club at the end of August last year, and, after finding a lack of hygienic conditions, they closed it down and arrested Paulo Dâmasco, managing director of Grupo K, which runs the club. However, the club reopened this year in the second week of July.
Residents allege that the club does not have the appropriate licences and Grupo K opened a restaurant last year without permission from the câmara.
Since the club opened nine years ago, Vilamoura GNR has been inundated with complaints about noise. One officer is reported to have said that the noise was audible over the telephone when complaints were made. “The club is clearly above the law as I believe the police have been told to stop responding to complaints by Loulé Câmara”, according to Sykes.
Decibel tests
It has been reported that an emergency meeting took place at the beginning of last week at the câmara to discuss the situation. At the time of going to press, Loulé Câmara was due to visit the club to ensure the construction plans that have been licensed correspond to what is physically there.
Loulé Câmara President Seruca Emídio declined to comment to The Resident but reportedly said that the câmara was taking this seriously and decibel tests would be carried out. With new legislation in effect, if noise levels are too high, the club could be immediately shut down.
Sally Sykes is preparing a group application to the European Court of Human Rights to claim damages caused by Klube K for 73 suffered and hopes that others may wish to be included in this claim for damages back dated for up to nine years. Sykes said: “The more people wishing to claim, the larger the group damages and the greater the possibility of noise legislation being applied”. Those wishing to claim should call 289 321397 or billsykes@mail.telepac.pt.
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