A YORK merry-go-round may be a magic roundabout for children but it's a noisy nuisance to the city's top judge.

The Recorder of York, Judge Paul Hoffman halted a trial to complain about the cheery musical tunes that were drifting into the courtroom at York Crown Court from outside.

"I have got this undercurrent of constant noise from that roundabout," he said.

"When it was put there it started out very quietly and I was assured by the representative of the council that it would not exceed a certain number of decibels and it would not cause any nuisance.

"It is causing a nuisance on a daily basis. I am getting very angry. It is quite outrageous it should be there at all."

He added: "At the moment, the court's complaints by way of informal letters are falling on deaf ears."

The merry-go-round's operator, who refused to give The Press his name, said he had only had one complaint all summer.

"I don't like it loud - it distorts the music," he said. "I turn it up on Saturday and Sundays."

He said that when he first moved the carousel to the Eye of York, he was warned not to annoy the Castle Museum or the court - "especially the law court. I don't want to upset anyone."

He declined to comment further.

The merry-go-round spends about two months at the Eye of York on the grassy area between the Castle Museum and York Crown Court, setting up shortly before the summer holidays and ending in early September. It is soon due to finish its 2006 season.

Tourists, particularly families, find it a big attraction.

Most of the day it plays an assortment of show songs and other light music, and on occasions, its music can be heard muted in the courtrooms, where the acoustics are poor.

Court staff acted as the judge spoke. When court ended, the merry-go-round was playing noticeably quieter than earlier in the day.

A City of York Council spokesperson said today: "We are aware of Judge Hoffman's concerns about activities at the Eye of York and are currently trying to arrange a meeting with the clerk of the court and the operators of these activities to discuss this issue."