A Co Leitrim publican has taken a High Court challenge to a District Court judge's decision to close his premises for 30 days and fine him for permitting intoxicating liquor to be consumed on the premises by persons under 18 years of age.
The fine also related to his allowing an unaccompanied child on the premises.
Brendan Barron, proprietor of The Welcome Inn at Church Street, Drumshanbo, got leave from Mr Justice O'Donovan to bring proceedings aimed at quashing an order made by District Judge Mary Fahy at Carrick-on-Shannon court on May 14th last. Mr Barron said in an affidavit that on November 18th, 2002 he was charged with permitting an unaccompanied 15-year-old girl on the premises and permitting the supply of drink to her. He was also charged with allegedly allowing two under 18-year-old youths to consume intoxicating liquor on the premises. The alleged offences were said to have occured on May 31st, 2002. Mr Barron denies all charges.
When the case came before Judge Fahy on May 14th last, Mr Barron said a garda gave evidence that on the night of the alleged offence the 15-year-old denied being served alcohol and had made a statement to that effect. The garda said he had again approached the 15-year-old outside a junior disco in Drumshanbo and the girl had admitted being served drink. This was hearsay and a statement by a minor in the absence of her parents, Mr Barron said. It ran contrary to her written statement, made in the presence of her parents. This statement was not furnished to Mr Barron's solicitor.
Two State witnesses who had given written statements to the Garda Síochána that the 15-year-old had not been served drink on the premises also changed their stories and claimed they were lying. They gave evidence that the 15- year-old was served drink. Mr Barron said this evidence was incorrect and untrue.
Counsel for Mr Barron said they were challenging Judge Fahy's decisions including her 30-day closure order on the grounds that this had been a first offence and the penalty for a first offence was a seven-day closure.