Man who refused to wear mask in Cork fast-food restaurant fined for being drunk

The seating area had been sealed off at the time, but the defendant made his way to a table, sat down and refused to leave.

The court heard the incident occurred at Supermac's in Tivoli, Cork, on February 13.

A 38-year-old man sat down at a table of a fast-food restaurant that was only open for takeaway service as part of Covid-19 restrictions and gardaí had to be called.

Sergeant Pat Lyons said the incident occurred at Supermac's in Tivoli, Cork, on February 13.

Gary O’Brien was not wearing a mask and would not leave the premises when requested to do so by staff.

Sgt Lyons said the premises was open at the time but only for takeaway service. The seating area had been sealed off from members of the public at the time. However, Gary O’Brien made his way to a table, sat down and refused to leave.

Sgt Lyons said staff explained to him that he was required to wear a mask and that patrons were only allowed on the premises wearing a facemask and for the purpose of collecting takeaway food.

“Gary O’Brien refused to leave the premises. He was intoxicated. He was arrested under the Public Order Act,” Sgt Lyons said.

Gary O’Brien, with an address at Cork Simon Community, appeared at Cork District Court where he pleaded guilty to the charge of being intoxicated to such an extent that he was a danger to himself or others. He had 64 previous convictions.

Eddie Burke, solicitor, said the defendant was upset on the night because a relative had been admitted to hospital and he was not allowed to visit because of present restrictions. The solicitor said the accused did charitable work for the homeless.

Judge Olann Kelleher fined him €250 on the charge. He told the accused he was fortunate that he was only prosecuted on the charge of being intoxicated and a danger, which only carries a monetary fine. 

He said that if the accused had been charged with engaging in threatening, abusive or insulting words or behaviour – based on the facts that were outlined in relation to the incident in Supermac’s – he would not have been given a fine.

“You would be in jail for that kind of behaviour,” the judge said.