A High Court judge has permanently barred the operation of a sports bar in Paynters Court after finding it caused substantial disturbance to neighbouring residents, particularly one homeowner whose family endured sleepless nights and public nuisance.
The case, brought by Jon Whyte and three other residents against bar owner Kwame Galloway and the Antigua and Barbuda Social Security Board, centred on claims of noise, disruption, and improper use of a community green space near Whyte’s home.
Justice Rene Williams ruled in favour of Whyte, issuing a final injunction against Galloway, whose _Galloway’s 8 Ball Sports Bar_ had been the subject of escalating complaints from residents in the St George-based neighbourhood.
During the trial, Whyte detailed repeated disturbances caused by loud music, intoxicated patrons, and unruly behaviour, including loitering, fights, and littering. He described how the nearby green space—intended for family use—had been transformed into a noisy, makeshift car park during events hosted at the bar.
While Galloway maintained that his establishment was soundproof and typically hosted only 20 patrons, video evidence and witness testimony contradicted that claim, revealing larger events promoted via social media, including parties featuring popular DJs and performers.
An expert sound engineer, Stephen Jackson, confirmed that the bar’s sound system was inaudible from nearby houses _when the doors were closed_. However, a court-conducted site visit found that music was clearly heard from Whyte’s home when the main door was opened—something that would occur regularly during business hours.
Justice Williams concluded that the noise and congregation of patrons near Whyte’s home constituted a **“substantial interference”** with his enjoyment of his property, qualifying as a private nuisance.
> “The music would be loud enough to constitute a substantial interference with the first claimant’s enjoyment of his property,” the judge stated, noting that the bar’s nature and operations went beyond the “ordinary use” expected in a primarily residential neighbourhood.
The other claimants, who lived farther away from the bar and the green space, failed to prove that they suffered comparable levels of disturbance. Their claims, along with the first defendant’s counterclaim seeking compensation for business losses and permit costs, were dismissed.
The Social Security Board, which originally sold the lands to both parties and later consented to the removal of a residential-use covenant on Galloway’s parcel, was also cleared of liability. The judge found no legal requirement for the board to consult other residents before agreeing to the covenant’s removal.
Despite changes to the area—including small shops and other businesses—the judge noted that **none of those commercial activities involved the same level of noise or late-night gatherings**.
Whyte was awarded $5,000 in legal costs, while the other parties were each ordered to bear their own.
The ruling makes permanent a temporary injunction first issued in January 2024, and ensures the bar will remain closed.