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‘Ludicrous’ people can’t have drink with their meal on Good Friday – judge |
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Written by Staff Reporter
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Wednesday, 10 September 2008 |
Prosecuting restaurants which served wine and beer to customers with their meals on Good Friday was “ludicrous” and “ridiculous”, Judge Mary Fahy said this week as she decided not to record convictions against nine city restaurants which did just that on Good Friday last.
Judge Fahy said people were entitled to have wine with their meals - even on Good Friday - but she emphasised the distinction between restaurants and pubs, which she said, she would not want to see open on Good Friday or on Christmas Day either.
The judge said that while the State and the gardaí were technically correct in bringing the prosecutions under the current Intoxicating Liquor legislation, she thought the prosecutions were “ludicrous” and “ridiculous” and she added she would not be happy to record convictions.
Before the court were: Michael O’Grady, of Kirwan’s Lane Restaurant; Callanway Ltd., 11 Inchagoill Road, Newcastle, which owns Gemelles restaurant in Quay Street; Galway Taverns Ltd., 11 High Street, which owns the Malthouse restaurant; L’Autre Javas Ltd., 2 High Street, which owns L’Autre Javas restaurant, Quay Street; David Hallissey, of Riordan’s restaurant, 7 Quay Street; Camilla Cutler, c/o Druid Lane restaurant, Quay Street; Martine McDonagh, Martines restaurant, Quay Street; E.J. King’s Bar Ltd., c/o Kirby’s restaurant, Clifden, Galway; and Marco Magnetti, Aille, Barna, who owns the Trattoria restaurant at Quay Street.
All pleaded guilty to one charge of having intoxicating liquor exposed for sale in their restaurants on 21 March last, on a date which was prohibited for that purpose by the Licensing Acts 1833 to 2000, namely Good Friday.
Inspector Michael O’Dwyer said Sergeant John Ryan inspected all of the restaurants and found they were serving wine or beer to their customers.
Judge Fahy noted this was the first prosecution of its type to come before the court and she wondered if the restaurants had not bothered to open every other Good Friday.
None of the solicitors representing the nine restaurants seemed to know, but Martin Kearns, solicitor, who represented the Trattoria restaurant said there was an anomaly in the law, which allowed wine to be served to customers in a hotel on a Good Friday but did not allow it be served to customers having a meal in an ordinary restaurant.
“If people want to go out for a meal on Good Friday, I would have thought they could have a drink with their meal. Technically you (Inspector O’Dwyer) are correct but I think myself it’s absolutely ludicrous that people on holidays, especially, cannot have a glass of wine with their meal.
“I’m not advocating that pubs open on Good Friday or Christmas Day but I think restaurants should open. I’m not happy to record convictions against any of these restaurants. I think it’s absolutely ludicrous,” Judge Fahy said.
Judge Fahy marked the facts proven in all of the cases but recorded no convictions.
Remarking that she did not know some of the restaurants involved, the judge observed that she was probably leaving herself open to judicial review by the State for taking this stance, but said she didn’t mind.
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