Golfer claims council’s refusal to let him teach at course is ‘unlawful’

Solicitor said his client was given no specific reason for the council’s decision, no opportunity to make his case or to challenge the complaint against him

The council  stated all professionals using the facilities must be members of the body representing the interests of teaching and club golf professionals, the Professional Golfers Association. Photograph: Frederic J. Brown/AFP/Getty Images)
The council stated all professionals using the facilities must be members of the body representing the interests of teaching and club golf professionals, the Professional Golfers Association. Photograph: Frederic J. Brown/AFP/Getty Images)

A professional golfer has challenged Fingal County Council’s refusal to allow him teach golf at a course owned by it.

Kevin Beirth, who teaches golf to up to 50 students weekly, claims the council told him last August that, “following concerns raised by staff and other professionals”, he was “no longer welcome” to use the facilities at Elmgreen Golf Club in Castleknock, Dublin, “with immediate effect”.

In his High Court proceedings challenging that decision, Mr Beirth says he has done “nothing wrong”.

Mark Harty SC, for Mr Beirth, said his client was given no specific reason for the council’s decision, no opportunity to make his case or to challenge the complaint against him. The council’s decision was “unlawful”.

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After solicitors for Mr Beirth wrote to the council it informed him he could not use the golf facilities because he had commenced playing on a day last August without reserving a tee time, registering or paying the green fee.

The council also stated all professionals using the facilities must be members of the body representing the interests of teaching and club golf professionals, the Professional Golfers Association (PGA). That was necessary to ensure quality control and that professionals teaching on the site were covered by the appropriate public liability insurance.

Teaching members
Mr Beirth, of Milesian Lawn, Swords, Co Dublin, rejects the allegations against him and also denies that only professional teaching members of the PGA can use the facilities.

Mr Harty said Mr Beirth remained involved in a disagreement with the PGA, which he joined in 1995. That related to Mr Beirth’s being expelled from that body in 2012 over an issue unrelated to his ability to teach golf.