A judge said yesterday that he was satisfied that five publicans in Kilmallock, Co Limerick, including a Limerick hurling star, had adopted a policy of excluding members of a Traveller's family.
Judge Sean O'Leary told Limerick Circut Court yesterday: "This is an improper policy because I don't think you can adopt such a policy with a broad brush. I am well justified in refusing to renew their licence."
The judge adjourned the hearing to January 26th, when he will hear if there are further complaints against publicans in the town. "If there are no such incidents, I will take the approach where I will confirm the licences, but if there is any evidence of the continuation of a policy against the Traveller's family which I believe existed, I will punish them severely."
Judge O'Leary heard objections from the McDonagh family, members of the Travelling community, against the renewal of licences to five publicans in the town: Mr James Lynch, Sarsfield Street, Limerick; hurling star Mr Michael Houlihan, Main Street; Ms Bella Dunne, Sarsfield Street; Mr Ivan Whitley, Sarsfield Street, and Mr William Howard, Lord Edward Street.
Evidence was given by members of the McDonagh family, of the publicans' refusal to serve them drink on their premises on different occasions and claimed no reasons were given.
Mr Martin McDonagh recalled going into James Lynch's bar on April 3rd and asking for two pints for himself and a friend. Mr Lynch was quoted as saying: "I am not serving you".
The objector thought he was refused service because he was a member of the Travelling community. "I can go anywhere outside Kilmallock for a drink. Out of 13 pubs there is only one pub in Kilmallock that I and my family can get a drink," he said.
Cross-examined by Mr David Sutton, for the publicans, Mr McDonagh admitted that he had a previous conviction arising out of a riot in Kilmallock nearly three years ago. Mr Lynch recalled that Mr McDonagh and another man who was very drunk came into the pub on April 3rd. He refused to serve them and claimed that he knew Mr McDonagh to be a trouble-maker. Judge O'Leary asked: "How many members of the Travelling community are barred from your pub?" Mr Lynch replied: "One member - Martin McDonagh."
His brother, Mr Michael McDonagh, gave evidence of being refused drink in Mr Houlihan's pub and the owner gave no reason. His brother told the court that Mr Houlihan had said: "You are not being served here."
Mr Houlihan said he could not recall Mr Michael McDonagh coming into the bar. "I would have barred a few people from my public house. I would have no problem serving anyone if they are behaving themselves."
He denied that there was a policy in Kilmallock of refusing service to the Travelling community.
Judge O'Leary said: "I would be extremely concerned that it is a matter of policy not to serve Travellers and that would be most unsatisfactory".
Referring to Mr Michael McDonagh, the judge said he was never in trouble before and did not look "a rough type of chap". "Why shouldn't he be served?" the judge asked. If he caused trouble, he could be thrown out.
Judge O'Leary told counsel for the publicans; "I think your clients had better start getting their act together and establish a coherent policy."
Evidence was given by other members of the McDonagh family including a brother, Arthur, of being refused drink in other pubs in the town.
Publicans gave evidence that the only members of the McDonagh family they had a problem with were Martin and Arthur.
Judge O'Leary asked Mr Sutton for the publicans: "Are they to be held in a vice-like grip and take a vote to be teetotallers for the rest of their lives? A bit of reality and sanity has to come into it," he said.