Are the courts being more lenient on after-hours drinking?
On Oct 1, he appeared before Killarney District Court charged with serving alcohol after-hours. The offence occurred on the night of the country final in 2012, in which local team, Dr Crokes, was playing. Over 150 patrons were “found on” the premises at 2.25am, when gardaí entered through a rear door.
A number of other breaches of the licensing laws were struck out or withdrawn. And ultimately, O’Sullivan exited the court with nothing more than a fine of €175. On the face of it, he was a very lucky man to get off that lightly.
However, the case also tells a tale of how breaches of the licensing laws are being dealt with in court these days. While some might see a lenient regime being imposed by judges, others view it as just common sense at a time of trading dangerously.
Compared to other recent cases that have popped up in the media, the O’Sullivan fine was very much at the low end of the scale. Last April, a case in Falcarragh, Co Donegal, saw a publican fined €750 after a group of teachers were found-on in the wee, small hours. The court was told that the teachers had been attending a school Mass that day, but there was no divine intervention for publican Alex Hamilton.
Closer to Tatler Jack’s, Listowel publican Christy Walsh was fined €700 last February for two offences on the same might in which a group of “nuns” were found-on some hours after official closing. The court heard that the offence occurred on the night that there was an attempt to enter the Guinness Book of Records for having the largest group of people dressed as nuns in one place. The judge wasn’t impressed by the divine pleading.
Another fine for after-hours in recent times was imposed on the proprietor of Bergin’s on Main St, Portlaoise. The local court was told last January that four patrons were found on 2am on July 1 last year. The company which owns the hostelry was fined €400.
All of which points to an easy ride for the chairman of the Kerry County Board. The court in Killarney heard that among the transgressions withdrawn or struck out were breaches for allowing music and singing without the appropriate licence, allowing liquor to be consumed and the non-production of an intoxicating liquor licence.
O’Sullivan’s solicitor — county footballer Eoin Brosnan — told the court that his client’s licence had not been regularised at the time so he could not apply for a special exemption on the night. His situation had since been regularised.
The non-regularisation of licences is now a common problem among the State’s publicans.
Most of it stems from the fact that publicans, like many self-employed, must produce a tax clearance certificate in order to be granted a renewal of a licence to trade. Figures released last month by the two national vintners bodies point to the State’s publicans owing banks a combined figure in excess of €2bn.
Anecdotally, a growing number of the 7,400 publicans in the state, and particularly outside the main cities, have continued to trade without renewing their licences. Others have merely let their licences lapsed. Since 2008 over 570 licences have lapsed, according to the Revenue Commissioners. Unable to attain a tax clearance certificate, many who remain open have opted to just keep the head down.
One of the drawbacks for publicans caught in this bind is that they can’t then apply for extensions.
According to one source familiar with the operation of the licensing laws, this has resulted in gardaí, and particularly the courts, taking a less rigorous approach the enforcement.
The problems facing publicans and their licences was raised in the Dáil earlier this year by Mayo TD Michelle Mulhern. “The practice of the Revenue Commissioners is to require a 40% lump sum payment at least up front and of late they have been very rigid and inflexible of the lump sum percentage they require,” she told the Dáil.
She was assured by the commissioners that flexibility would be shown with particular consideration given to the current economic climate.
All of which goes some way to explaining why some publicans are benefiting from an apparently lenient attitude in the courts. Not though, that all licensing matters are treated with this regard.
Last month, Cork District Court ordered the closing of a Topaz filling station for five days after a guilty plea of selling a bottle of wine to a 17-year-old was entered.
The court was told by Inspector Gary McPolin a girl who took part in an operation selected a bottle of Rio del Oro and purchased it at the counter without challenge. She gave this evidence to a garda outside the shop. Apart from the sanction of closure, the proprietor was also fined €400.
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