A DISTRICT court judge in Donegal has limited the opening hours of some nightclubs in Letterkenny after Garda objections because of public order offences in the town.
At Letterkenny District Court, Supt Vincent O'Brien objected to applications for special exemption orders from nightclubs on the grounds that late openings were contributing to the large number of public order offences.
Judge Desmond Zaidan granted the applications, but imposed a closing time of 1.30am.
Supt O'Brien told the court he was objecting on behalf of the people of Letterkenny who wanted gardaí to address anti-social behaviour, drunkenness and on-street violence. It was his belief that late openings were contributing to general drunkenness and assaults.
Supt O'Brien said: "The Intoxicating Liquor Act 2003 stated that the court shall not grant a special exemption order in respect of any premises unless it is satisfied that the special occasion will be conducted in a manner that will not cause undue inconvenience or nuisance to persons residing in the locality or create an undue risk to public order therein."
There were 1,061 public order incidents in Letterkenny and 136 in Ballybofey in 2007. During that time there were also 223 minor assaults in Letterkenny and 15 in Ballybofey. In Letterkenny there were 41 serious assaults and 51 in Ballybofey, he said.
Solicitors representing Milan, Sister Sara's and Voodoo nightclubs in Letterkenny rejected Supt O'Brien's objections.
Paudge Dorrian, solicitor for Milan and Sister Sara's, said Supt O'Brien did not have a mandate to speak on behalf of the people of Letterkenny and he asked him to name those for whom he was objecting. He also asked Supt O'Brien for proof that the majority of incidents occurred between 1.30am and 2.30am.
Supt O'Brien noted that at a meeting in Letterkenny last November, the joint policing committee invited the public to make submissions as to how Letterkenny could be made safer.
"The overwhelming result from that public meeting was that anti-social behaviour, drunkenness and on-street violence was the number one issue that the public wanted to see the gardaí address.
"Some 50 people attended that meeting but they would be representatives of various organisations throughout the town. I would accept that it is the general wish of the townspeople that these issues are policed."
Granting of special exemption orders until 2.30am was greatly contributing to the public order problems in Letterkenny and Ballybofey, he said. "On the same weekend last year, five people were killed on Donegal's roads and I am satisfied alcohol was a contributing factor in those deaths."
Judge Zaidan said: "While the owners of these premises have a right to their livelihood, there is conflicting and more pressing issue of overriding right of law and order in the interest of the common good. My experience in sitting on courts throughout the county is that, by and large, alcohol is the major contributing factor to public order offences."
He granted the exemption orders for Heeney's U Drop Inn, Ballybofey; and Milan, Sister Sara's and Voodoo in Letterkenny, but brought forward their closing times from 2.30am to 1.30am. Solicitor Kieran O'Gorman for Voodoo said: "The difficulty this poses to my client is astronomical and goes against natural justice."
Mr Dorrian said to Judge Zaidan: "You are denying my client equality before the law. If another licensee can open and mine cannot, it is unconstitutional. It is a complete abrogation of your rights as a judge." Judge Zaidan said he had made his ruling based on fairness and reason.