six-count summons

Bordercat

Hi
Does anyone know the High Court case where when the patrons who were in the pub after hours werent prosecuted meant that the summonses (for after hourse serving) against the pub itself were dismissed?
Cheers

McCrack

Hi there,

You have your court wrong (High Court is a civil court).

Prosecution for licensing breaches are taken in the District Court which are not reported in the law reports as it's a minor court.

Hooch

McCrack wrote: »

Hi there,

You have your court wrong (High Court is a civil court).

Prosecution for licensing breaches are taken in the District Court which are not reported in the law reports as it's a minor court.

Does he mean case stated in hight court?? Judical review??

I believe I remember something on this but I dont think it happened like that. I thought it was district court struck out for not having patrons prosecuted and DPP asked for case stated and high court sided with DPP.

McCrack

Yes NGA that would make more sense, a case stated on a question of law for the HC to determine.

The facts don't ring a bell though.

nuac

I think there was a case stated on one of these summonses. AFAIK the effect of the decision is that the Gardai no longer have to give evidence of the "found ons" tp successfully prosecute the licensee. Relying on a vague memory, could be wrong..

In a way that is a pity. A lot of stories about "found ons".

There was a newspaper editor in the West many years ago who used to publish the names of any "found ons" he did not like in big bold print. Proved awkward for some of the customers.

There is another story of a group of "found ons" which included a local solcitor escaping out to premises at the rear. When Gardai caught up with them solicitor maintained he was simply inspecting a clients property. When the other found ons were asked to account for themselves they chorused " ask our solicitor here" I forget what happened to the prosecution.

I have often felt that the entire matter of drinking hours is ridiculous. Brought in during WW1 to discourage people from drinking too much. It leads to a rush to get and consume final rounds before the bar closes etc.

I think if all closing hours were abolished, things would find their own level. A few places would stay open until late so people could drink at their leisure rather than against the clock. The cost of overtime etc would mean that only those places doing a reasonable business would stay open very late.

Hooch

nuac wrote: »

I think there was a case stated on one of these summonses. AFAIK the effect of the decision is that the Gardai no longer have to give evidence of the "found ons" tp successfully the licensee. Relying on a vague memory, could be wrong..

This is exactly what I was refering to......must be some truth if we can both recall it.

McCrack

Going a bit off-topic here but...

Nuac I'm not sure liberalisation of Irish licensing laws would work here. As Irish people could we be trusted with a carte blanche attitude to drink licensing? I include myself in this too.

I mean I've to places around the world with liberal drinking rules (as in stay open all night/into the morning) and it's simply abused, and not by the countries nationals but by Irish, British, yanks and auzzies in particular, in other words countries with strict controls on alcohol.

I simpy don't think we are a mature enough society to handle liberal licensing.