Conviction quashed for shooting range operator over bar without liquor licence

On June 14, 2019, gardaí carried out an inspection of the range and found a fully stocked bar in the clubhouse which did not have a drinks licence. File picture 

The High Court has quashed the conviction of a shooting range operator over a prosecution arising from a Garda inspection which found the range's clubhouse operating a bar without a liquor licence and members of the public being allowed to visit to partake in shooting.

Thomas O'Donnell is a farmer who owns the shooting range on his lands near Clonmel, Co Tipperary. He is also the nominated representative of the Firearms Sport and Recreation Club which operates from the premises.

In July 2018, the club was issued with a five-year authorisation by the local garda superintendent as a rifle and pistol club. A separate five-year shooting range authorisation had been issued in 2016.

On June 14, 2019, gardaí carried out an inspection of the range and found a fully stocked bar in the clubhouse which did not have a drinks licence.

Four days later, Mr O'Donnell made a cautioned statement in which he admitted that members of the public would come to the shooting range as parties or groups to partake in shooting about once a month.

He stated that after a safety briefing, they would shoot using the firearms belonging to three club members, who also supplied ammunition. Alcohol could only be purchased in the clubhouse by way of tokens after the shooting.

The range authorisation was subsequently revoked and a District Court prosecution for two alleged offences followed.

The first alleged a breach of the Intoxicating Liquor (General) Act, 1924 and the second alleged that, on the dates, unknown in January 2019, as operator of a shooting range Mr O'Donnell allowed the use of unauthorised firearms and ammunition on the premises.

Mr O'Donnell pleaded guilty to the intoxicating liquor charge but contested the charge allowing unauthorised use of firearms.

The District Court was told by the local garda superintendent that the club was not entitled to run any day or temporary membership schemes as Mr O'Donnell was doing.

The superintendent also stated that alcohol and firearms did not belong on the same premises and he found that “quite frightening".

The district court convicted O’Donnell of the unauthorised use of firearms charge.

The judge was satisfied that there were so many breaches of "so many of the conditions” of the range authorisation that no valid authorisation was in place at the time.

The judge had said these breaches included Mr O'Donnell's admitted failure to keep proper records and of allowing day shoots in breach of the regulations.

The judge said he had admitted allowing shoots for a day at €80 per head, that groups would go to the range about once a month, and that on one occasion, a stag party came to the range and he did not keep forms for each group.

He was subsequently sentenced to 180 hours' community service, in lieu of 10 weeks' imprisonment.

Conviction appeal

Mr O'Donnell appealed the conviction to the Circuit Court but in the meantime gardaí revoked his own firearms certificates, ultimately citing his district court conviction as the reason.

He then brought a High Court challenge to his conviction arguing the district court judge erred in law and the conviction was based on a fundamentally incorrect interpretation of the statutory provisions. 

He also argued there was a breach of fair procedures in the district court hearing. He also challenged the revocation of his firearms licence.

The garda superintendent for Cahir area and the DPP opposed the challenge and denied the claims.

Mr Justice Mark Dunne said while revocation of a firearms certificate is normally appealed through the district court, in exceptional cases where there has been a fundamental denial of fair procedures or where the decision was made in excess of jurisdiction, that merits relief by way of judicial review.

This was one such case, he said.

He therefore ordered the quashing of the conviction under the Firearms Act and also quashed the superintendent's decision to revoke his firearms certificates.