Mrs Catherine Nevin, widow of Mr Tom Nevin who was murdered in the couple's Co Wicklow pub in March last year, was yesterday refused an application for renewal of an early opening general exemption order by Arklow District Court. The application for the order was for Jack White's pub, Ballynapark, Brittas Bay, Co Wicklow, where Mr Nevin was shot dead on March 9th, 1996. Mrs Nevin gave evidence for over half an hour. The application was opposed by the Garda.
Mrs Nevin (46) is awaiting trial on charges of murdering her 54year-old husband. She is also charged with soliciting three men to kill him six years before his death.
Garda sources told The Irish Times it was their understanding that Mrs Nevin was selling her pub. Asked about this yesterday Mrs Nevin would make no comment.
A general exemption order is an ancillary licence which allows a licensed premises to sell food and alcoholic drinks between 8.30 a.m. and 10.30 a.m. At yesterday's hearing Mr Seamas O Tuathail, for Mrs Nevin, said the order had first been granted in 1993 despite objections by gardai. The order had been renewed each year since, without objection.
Supt Pat Flynn said that when the matter came before the courts in 1993 the licence was in the names of Tom and Catherine Nevin. The order was granted despite the objections of the Garda. This time the application was in the sole name of Mrs Nevin. Supt Flynn said it was his submission that the pub did not qualify for an order.
The application was on the grounds that the premises was one "in the vicinity of which a considerable number of persons are following a lawful trade or calling". The trades mentioned in the application were hauliers, transporters and delivery agents.
Mrs Nevin told Mr O Tuathail that at present about 30 breakfasts were sold on the average morning. There was a building site about a mile from the pub and the workmen there regularly came for breakfast. There was a quarry about three miles away, and workers from there bought breakfast in the pub. So too did farmers who made early morning collections of fertiliser at the Irish Fertiliser Industries (IFI) plant in Arklow.
The pub also provided early morning service to local golfers and passing tourists, she said.
Since the order was granted in 1993 approximately £120,000 had been spent on developing the kitchens. Supt Flynn asked what percentage of the breakfasts sold would be to the types of people mentioned in the application. Mrs Nevin said she could not say. Sgt Thomas Finnerty, Arklow, said he passed Jack White's pub on his way to work in the mornings. Asked if there was any trade in the vicinity which considerable numbers attended, he said there was not. Det Garda Paul Comiskey, Arklow, said he passed the pub regularly. He never saw a gathering of hauliers' vehicles outside the pub at the relevant times. He rarely saw more than one or two cars outside the pub at that hour, and "common sense" led him to believe 30 breakfasts per day were not served at the pub.
Mr O Tuathail said the gardai had never visited the pub to monitor early morning business. "Whenever this objection was conceived and for whatever reason, the gardai had ample time to investigate the matter and to visit the premises."
Judge Murrough Connellan retired for 50 minutes to consider the issue. Upon his return he said the law did not envisage passing travellers or workers on their way between jobs, being the trade or calling to be convenienced by the Act. All licensed premises could seek an order on that basis.
He said he was refusing the application.
