A Perth mining millionaire who lives above the Raffles Hotel has lost his final legal bid to have the iconic pub's beer garden closed at night over complaints it is too noisy and preventing him from enjoying his $2.7m apartment.

Derek Ammon began legal action against the Applecross venue's owners, Colonial Leisure Group, after run-ins with bar staff about the noise, and an incident in 2016 where he threw tomatoes from his balcony at a sound system in the beer garden.

Mining millionaire Derek Ammon has lost his appeal to have the Raffles Hotel close at night over noise complaints. Credit:Nine News Perth

During a 2018 Supreme Court civil trial, he argued for tough noise restrictions to be placed on the bar requiring the beer garden close at 9pm, and that he be paid damages for the venue "interfering with the enjoyment" of his apartment, which he bought in 2009.

He lost that legal fight in September 2018 and on Thursday Mr Ammon's appeal against that decision was unanimously dismissed by three judges of the Court of Appeal.