Garda powers limited in response to social distancing breaches

The Berlin D2 venue on Dame Street, Dublin. Picture: Gareth Chaney/Collins

Gardaí investigating highly-publicised events at a Dublin pub at the weekend may only be able to submit a file to the DPP if they find evidence that food was not served with alcohol, sources have indicated.

Sources said the only other basis upon which they can send a file to the DPP is if there are breaches of separate liquor licensing laws, such as serving after hours.

The development follows public outrage at senior Government level – led by health minister Stephen Donnelly – at video images taken on Saturday afternoon from the Berlin bar in Dublin.

A short video clip showed a barman on top of the bar counter pouring drink from a spirit bottle into the mouths of four customers who were standing or dancing near to each other at the bar.

Garda sources said that while public health regulations, covering issues such as social distancing and time limits in a pub/restaurant are the “law of the land”, that very few are “penal provisions” – meaning a penalty is attached and can actually be enforced.

“There is a lot of commentary about this [the incident in Berlin] being terrible and gardaí should do something and close the pub, but we can’t just do that,” said one garda source.

Sources said the only public health provision that they can enforce, where there is a stated criminal penalty, is where a premises is not serving food with alcohol.

Still from a Twitter video (credit Antoon @antoon619) from a party at Berlin D2 dublin pub/club over the weekend. A male pours drinks directly into customer mouths from a bottle. Covid-19 coronavirus public health restrictions. The video has close to 500,000 views on Sunday afternoon.

Gardaí will investigate whether or not food was served during the Berlin function and may examine CCTV footage, bar tills and food orders as part of that.

Q&A - What can gardaí do to enforce public health rules in pubs?

Sources said in relation to other public health regulations, such as social distancing, gardaí can only advise and encourage staff and customers.

Berlin owner Jay Bourke has said the incident with the barman “looked horrific”, but stressed that the 20 second incident did not reflect the health controls practised in the bar over the four hours during what was a “pre-booked brunch”.

Mr Bourke met the licensing inspector and sergeant attached to Pearse Street Garda Station on Sunday and handed over CCTV. It is understood he agreed to close the pub for a week.

Health minister Stephen Donnelly said he spoke to Justice Minister Helen McEntee on Sunday and said gardaí were examining the matter.

He said: “It is up to gardaí to decide whether or not they will produce a file for the DPP but as far as I am concerned what happened is reckless and behaviour like that first and foremost poses a threat to public health and to life. We are not messing around here.” 

While declining to refer to the Berlin bar, so as not to prejudice any possible court case, he said that pubs found to be breaching the regulations “do need to be shut down”.