West Cork publican fined €2k over Covid and licensing breaches

Gardaí observed between up to eight people in the window of the bar, drinking, smoking, and playing cards, the court heard.

A sign for the Harbour Bar in Leap, West Cork.

A publican has been fined a total of €2,200 for a number of breaches of licensing and Covid regulations, with eight people found on the premises also pleading guilty after they said they were helping him ready the bar for re-opening hours before Covid laws were lifted.

Michael Boyle, of the Harbour Bar in Leap, West Cork, pleaded guilty through his solicitor at Skibbereen District Court in relation to breaches on three separate dates last year.

Inspector Deborah Marsh told Judge James McNulty that at 10.20pm on April 21 last year, gardaí on patrol observed between six and eight people in the window of the Harbour Bar, drinking, smoking, and playing cards.

The court heard that gardaí were refused entry at the front door, that the lights were turned off and when gardaí entered through a rear entrance, Mr Boyle was on his own. He denied at the time that anyone else had been present, but pleaded guilty through his solicitor in court.

Mr Boyle's solicitor, Gerard Corcoran said his client could have argued that technically the people present were guests and that no drink was sold, but that he had decided to plead guilty due to a "moral imperative".

On June 6, 2021, at around 9.15pm, gardaí saw nine other people and the owner in the Harbour Bar alongside a number of half-consumed drinks. Members of the public were asked to leave, but 30 minutes later, seven people were still outside the front of the property, consuming alcohol.

Covid regulations were still in place that night but were due to be lifted at midnight, and Mr Corcoran said those present had come to the bar to help his client prepare the pub for re-opening, in particular with the moving of heavy garden furniture for the outside area. Mr Corcoran said this work had been repaid by Mr Boyle by providing a few drinks.

Highly intoxicated

Finally, at 2.20pm on June 14 last year, gardaí in Clonakilty received an anonymous phonecall alleging a row or fight at the Harbour Bar. On arrival there, gardaí saw Mr Boyle open the door to allow three highly intoxicated men to leave. The court heard that Mr Boyle shouted over: "That's got nothing to do with me". 

Insp Marsh said such was the level of intoxication that two of the men had to be arrested for their own safety.

Mr Corcoran said his client strongly denied any suggestion of a fight or row at the bar, and agreed with Judge McNulty's suggestion that there may be people who wanted to "shop him". 

But he admitted that on this occasion his client had run a late house. Judge McNulty said the incident reminded him of a publican in Dublin nicknamed 'God', as he never closed one door without opening another.

For the breach of Covid regulations in April 2021, he fined Mr Boyle €500, taking the licensing breach into account. For the second breach, he fined Mr Boyle another €500, and fined him €200 for the licensing breach.

For the final incident involving after-hours serving, he fined Mr Boyle €1,000. Recognisance for appeal was set at Mr Boyle's own bond of €500, all cash. The court heard he is no longer involved in the pub trade.

Eight people, including three farmers and a member of the Defence Forces who were present on the evening of June 6 at the bar pleaded guilty to being on the premises in breach of the Covid regulations, and apologised to the court.

The judge said the eight people had been "a tad hasty or a little previous, but only by a few hours" in helping Mr Boyle, who was not in full health, with the furniture.

All eight had the charges against them struck out on payment of €200 each in donations to the court poor box.