City planners move to finally call time on Limerick shebeen
Francis Kelly has been ordered by a court to remove the unauthorised structure, located in a huge shed at the back of his house.
Due to an outdated provision in the intoxicating liquor laws, the shebeen had been able to continue trading for the past five months, despite numerous Garda raids in which thousands of euro worth of drink were confiscated.
A fixed paltry fine of €63.29 (£50 in old money) was imposed at a Limerick City Court last January when Anthony Kelly was convicted of being in charge of a shebeen and this was last week upheld by Limerick Circuit Court.
But Limerick City Council has now successfully secured a ruling from the city court that Francis Kelly is in breach of the Planning Act 2000 by having a premises developed for use as a shebeen without planning.
Senior planning officer Kieran Reeves told the court that he had served an enforcement notice on Francis Kelly to remove an unauthorised development at the rear of the family home.
Through his solicitor, Francis Kelly gave an undertaking to comply with the order and remove the development.
Judge Aeneas McCarthy adjourned the case to Friday, July 31, to see that all fittings and other items are removed from the premises.
He also ordered Kelly to pay €900 costs to the council.
Under the planning laws, the court can fine Kelly €1,500 with an additional penalty of €440 per day it remains in breach of the planning act.
Gardaí recently confiscated gaming machines along with a large quantity of drink.
Francis Kelly has denied selling drink at the shebeen, claiming he purchased drink with money given to him by his friends.
However, gardaí are satisfied drink is being sold there.
However, their efforts to close it down were frustrated due to the inadequacy of the intoxicating liquor law in relation to the running of shebeens.
