The future of The Raffles Hotel’s bar and beer garden in Applecross could be decided when a WA mining entrepreneur’s bid to shut it down returns to court this week.

Derek Noel Ammon, who lives in one of the luxury apartments beside the tavern, is taking the owner to court for allegedly breaching noise limits.

Mr Ammon wants the internal bar and garden shut and the owner, Colonial Leisure Group, to pay unspecified damages. Colonial is defending the claim.

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In November, the Supreme Court dismissed an application by Mr Ammon for an interlocutory injunction that would have closed The Raffles’ outdoor beer garden until the final hearing.

The case will return to court on Wednesday.

The West Australian spoke to other Raffles residents yesterday. Carol Harper said she was concerned that one resident could potentially shut down a hotel that had been part of the appeal when she moved in.

“Over the 12 years we haven’t had a a negative experience,” she said. “For me it’s like living in the suburbs, the hotel is a neighbour.”

She said she had been “very surprised” by the court case.

“My own experience is that the traffic noise is worse than the pub noise,” she said.

Camera Icon Raffles residents Lorraine Ellard and Carol Harper with other supporters at the hotel. Credit: Picture: Bohdan Warchomij

Lorraine Ellard, who moved in four years ago, said she had no concerns about noise, thanks to double glazing. She said she valued the art deco site’s history.

Mr Ammon is a Perth geologist who founded exploration company Iron Ore Holdings and made millions selling his stake in it to a company owned by Kerry Stokes. Mr Stokes is chairman of Seven West Media, which publishes The West Australian.

In a writ of summons filed in the Supreme Court, Mr Ammon, who has lived in the apartment since 2009, alleged that Colonial has “directed and allowed” employees to play music above allowable noise limits. He claims it has caused “unreasonable interference to his health”.

It is unclear whether the hotel would be a viable business without its beer garden and bar.