Man barred from all Dublin pubs appeals order

A man, barred for the next six months from every pub, off-licence, supermarket, restaurant, and local grocery store in Dublin that sell alcohol has launched a High Court challenge against the order.

The action has been brought by John Collins, 23, who last month was before Judge Alan Mitchell at Blanchardstown District Court.

Mr Collins, of Avilla Park, Finglas, pleaded guilty before Judge Mitchell to being intoxicated and using threatening and abusive behaviour on March 8 at Cardiffsbridge, Finglas West.

Judge Mitchell fined Mr Collins €200 for using threatening and abusive behaviour and fined him a further €100 for being intoxicated. He then banned Mr Collins for six months from entering any liquor-licensed premises within the Dublin metropolitan area.

The district court heard Mr Collins verbally abused gardaí when they tried to break up a fight he was having with another man.

Mr Collins, described by the prosecuting garda as being drunk on the night, called the gardaí names when they tried to stop the fight. Mr Collins, who had no previous convictions, apologised to gardaí afterwards. The court also heard that Mr Collins resolved the issues between him and the man he was fighting with.

In his High Court action against Judge Mitchell, the DPP, Ireland, and the attorney general, Mr Collins seeks various orders including one quashing the exclusion order, which he says lacks certainty and breaches his constitutional rights.

He claims the order is completely disproportionate to the offence in question. The exclusion order is “vague in the extreme” and unworkable, his counsel, Feithin McDonagh said.

Mr McDonagh told the High Court that, under the terms of the order, Mr Collins cannot enter any premises including most supermarkets, restaurants, and local grocery stores that sell alcoholic beverages.

Mr Collins, counsel said, in entitled to certainty in terms of the order, as any breach amounts to a criminal offence for which he could be prosecuted. It is claimed the order breaches his constitutional right of autonomy as well as his right to travel and free movement.

Mr Justice Seamus Noonan allowed Mr Collins to bring his challenge. The judge placed a stay on the district court order pending the determination of the case, to be heard in July.