The owners of two licensed premises have taken a High Court challenge to a July 2000 prices order which set the price of drink sold in pubs at May 2000 levels and compelled both owners to reduce their prices.
The proceedings have been taken by Mount Street Pub Ltd, trading as O'Dwyers Public House, Lower Mount Street, Dublin, and Lyng Ltd, trading as Break for the Border, Lower Stephen Street, Dublin. Mr Justice Finnegan gave leave in proceedings against the Minister of State for Enterprise and the Director of Consumer Affairs, to seek an order quashing the Retail Prices (Beverages in Licensed Premises) Order 2000, made on July 14th last.
The companies are also seeking a declaration that the Minister of State acted contrary to powers conferred on him by sections of the Prices Amendment Act. They want to quash an order of the Director of Consumer Affairs directing service of a summons on them earlier this year alleging an offence contrary to the Retail Prices Order.
Mr Liam O'Dwyer, a director of the two applicant companies, said the Intoxicating Liquor Act 2000 radically increased the
permitted hours of trade, abolished the summer-winter time distinction and created greater flexibility for longer trading on the eve of public holidays. The trade union Mandate had been in lengthy negotiations and an overall wage rise of 26.1 per cent was agreed.
Mr O'Dwyer said he was dismayed to learn, without warning, that the prices order had been introduced. The applicants had increased their prices in June 2000 and, to comply with the order, were obliged to reduce their prices.