A Dublin solicitor who wanted to open a pub in Temple Bar has lost a court fight against neighbouring objectors, including RTÉ Space expert Leo Enright.
Judge Karen Fergus said there were enough public houses around 5 Aston Quay to provide for the 130 customers that Aston Hospitality Ltd, of which solicitor Dermot O’Neill is a director, planned to cater for.
Judge Fergus told barrister Kerry-Jane Morgan, counsel for a number of objectors, that her clients, including local residents, were entitled to the quiet enjoyment of their homes.
The judge said Mr O’Neill purchased 5 Aston Quay, in June 2014 and obtained planning permission to convert the top floor into a one bedroom apartment where he intended to live.
He had leased the first and second floors to a charity.
Judge Fergus said the ground floor and basement area were previously incorporated into Nos 3 and 4 Aston Quay and operated as a nightclub and bar under a theatre licence.
Mr O’Neill had reinstated a wall between Nos 4 and 5, with the intention to open the pub on the ground floor and basement.
He had applied to the Circuit Court for a declaratory order which would guarantee him a publican’s seven-day on-licence if the premises was completed in accordance with planning permission.
The full licence would have allowed him to sell beers, wines and spirits once the premises had been renovated.
Judge Fergus said in a reserved judgment, that the objectors claimed the new premises were unfit, inconvenient and unsuitable for the needs of residents in the neighbourhood.
They had also claimed that there were enough licensed premises in the area. An Garda Síochána, the Fire Authority and other licensed premises in the area had not objected to the application.
Judge Fergus said there were 13 seven day on-licence premises in the neighbourhood and the creation of one more was unnecessary.
“Of course there are pros and cons of city centre living but the residents have given evidence that their lives are being negatively impacted by the numbers of pubs that are already operating in the area,” the judge said.
Constance Cassidy SC, who appeared with Nicola-Jane Andrews for Aston Hospitality Ltd, had told the court that Mr O’Neill, a solicitor with the Director of Public Prosecutions, had always wanted to open a pub and intended to take a leave of absence if the application was granted.
Judge Fergus refused Aston Hospitality’s application.