AN ENNIS businessman has claimed he was tricked into leasing out a premises to a head shop operator after being told the shop would sell charity goods to support Nepalese orphans.
At Ennis Circuit Court yesterday, retired solicitor Desmond Houlihan succeeded in his bid to have the Laughing Buddha on Chapel Lane in Ennis shut. Counsel for Mr Houlihan, Pat Whyms, told the court: “The matter has been resolved and the existing orders are to remain in place.”
Last month, at Limerick Circuit Court, Mr Houlihan secured a temporary injunction to direct the head shop operator, Conor Doyle, to cease trading at his head shop on Chapel Lane, Ennis.
In his affidavit, Mr Houlihan said that at a meeting with Mr Doyle prior to signing a one-year lease last November, Mr Doyle told him he had a sister who worked with a charity in Nepal supporting Nepalese orphans and that goods from Nepal to be sold at the shop would support that charity.
This was corroborated in an affidavit by letting agent, Noel Moore, who attended the same meeting.
However, Mr Houlihan said he was unaware of any difficulties with the Laughing Buddha until a newspaper article on February 9th, 2010, confirmed the business was operating as a head shop.
Mr Houlihan said he was “shocked” by the contents of the article. In his affidavit, Mr Houlihan stated: “Under no circumstances would I have contemplated entering into the lease with the defendant for the purpose of enabling him to run a head shop on the premises.
He said: “It is clear to me that the defendant set out to deceive me as to his purposes through reference to the charity.”
One day after the article appeared, Mr Houlihan wrote to Mr Doyle and asked that he immediately vacate the premises and hand back the keys.
In a letter, Mr Houlihan warned Mr Doyle: “Should you not do so, I will take every step available to me to secure vacant possession and hold you personally liable for all costs and expenses that may be incurred by me to secure that vacant possession.”
In response, Mr Doyle told Mr Houlihan in a letter he didn’t accept that he was in breach of the lease agreement. Mr Doyle wrote: “The business is run in a proper and efficient manner. All items sold from the shop are legal.
“Certain items are not sold to customers under the age of 18 and we have a strict policy of checking identification in this regard. We are also in continuous contact with the local gardaí and co-operate fully with any requirements they may have. It is not accepted that a nuisance is being created by virtue of our shop being located on your premises.”
However, after Mr Houlihan threatened legal proceedings, Mr Doyle told the letting agents on February 15th that he would vacate the premises and seek an alternative premises in Ennis.
