A 17-year-old acting as a test purchaser was observed by a garda buying a six-pack of beer without being asked for ID or proof of age and today an order was made to have the premises closed for two days next month.
The member of staff who sold the alcohol was dismissed by the licensee the day after the incident for breaching staff protocols for selling alcohol, defence solicitor, Frank Buttimer said.
Liam Pidgeon and Son Ltd, trading as Baker Street Bar, Baker's Road, Gurranabraher, was fined €300 by Judge Olann Kelleher. The charge states that on August 25, 2017, at Baker Street Bar - being the holder of a licence authorising the sale of intoxicating liquor - did sell a six-pack of beer to a person under the age of 18 contrary to the Intoxicating Liquor Act.
Mr Buttimer said that the licensee was not present in the premises on the occasion that a member of staff sold the alcohol.
“The member of staff did not discharge the staff members’ obligations to make sure events like this should not happen. The staff member was derelict in his duty and was dismissed the following day," Mr Buttimer said.
"Immediate remedial measures were put in place. Staff are trained but this was not followed in this case. It is a very well run business with no previous convictions.”
The mandatory closure order can be for two to seven days. Judge Olann Kelleher said he would impose a two-day closure order, to take effect 30 days from the court date. He also imposed the €300 fine.
The judge said that a notice must be publically displayed in the premises stating why they are closed for the two days.
Sergeant Gearóid Davis said the 17-year-old volunteer was not asked for his date of birth or proof of age.
The closure dates for the premises are May 14 and 15.