Bid to renew licence fails after objection by Travellers
It was the first time a judge refused to renew a licence on grounds of discrimination.
The objectors had been “humiliated and treated as second-class citizens” by publican Patrick Murphy, The Tailteann, 4 Trimgate St, Navan, Judge John Brophy said at Navan District Court yesterday.
The publican had “absolutely discriminated against the objectors as a class; he was not entitled to do that. They had not been involved in any melee. They were treated like second-class citizens when they were innocent people going about their lawful business and were as good as anyone in this State,” said Judge Brophy. The judge, who heard the evidence of the objectors, the public and other witnesses at a previous hearing, had adjourned his decision until he saw a video showing Ellen McDonagh and a staff member at the door of The Tailteann on the night when she had tried to gain admission to the pub and was refused. Judge Brophy said there was no indication on the video that she had tried to burst her way in.
“I am happy that Judge Brophy found in our favour that we should not be refused entry into the public house because we are members of the Travelling community. I think, in this incidence, that the court recognised a wrong towards us as Travellers and was dealt with in an appropriate manner,” said Ms McDonagh after yesterday’s court hearing.
“However, I feel angst that I had to take this step to get justice. I have lived in Navan over 30 years; my children were all born and educated here and it is appalling that I had to take this process so that others could accept me for who I am,” she said.
Pat Purcell, BL, defending, said his client had a huge mortgage on the premises and was employing 18 staff. The effects of non-renewal of the licence would be “little short of catastrophic,” Judge Brophy told counsel that his client had the right to appeal the decision.
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