PROSECUTING RESTAURANTS which offered wine to their customers with their meals on Good Friday is "ludicrous" and "ridiculous", according to a judge who decided not to record convictions against nine Galway city restaurants which did just that last March.
Judge Mary Fahy said at Galway District Court yesterday that people were entitled to have wine with their meals - even on Good Friday - and she branded the prosecutions brought by Galway gardaí as "ludicrous" and "ridiculous" in today's world.
She said while the State and the Garda were technically correct in bringing the prosecutions under the intoxicating liquor legislation, she would not be happy to record convictions.
Before the court were Michael O'Grady, Kirwan's Lane Restaurant; Callanway Ltd, Inchagoill Road, Newcastle, which owns Gemelles, Quay Street; Galway Taverns Ltd, High Street, which owns the Malthouse; L'Autre Javas Ltd, Quay Street; David Hallissey, Riordan's, Quay Street; Camilla Cutler, c/o Druid Lane restaurant, Quay Street; Martine McDonagh, Martine's restaurant, Quay Street; EJ King's Bar Ltd, c/o Kirby's restaurant, Clifden, Galway and Marco Magnetti, Aille, Barna, who owns the Trattoria at Quay Street. All pleaded guilty to having alcohol for sale in their restaurants on March 21st - Good Friday - a day which was prohibited for that purpose by the Licensing Acts 1833 to 2000.
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. "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 [the Garda inspector] are correct, but I think myself it is 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 but I think restaurants should open."
Judge Fahy marked the facts proven in all of the cases but recorded no convictions. She observed that she was probably leaving herself open to judicial review by the State for taking this stance, but said she didn't mind.