The Supreme Court has upheld the GAA's claim that it was not responsible for breaches of food hygiene regulations in the main cafeteria under Croke Park's Hogan Stand. The ruling will be referred back to the Circuit Court.
Concession Ireland Ltd, a company owned by a former international soccer star, Mr Mick Lawlor, was convicted in the District Court of breaches of the food hygiene regulations following an inspection of the cafeteria by health board officials on July 28th, 1996. Mr Lawlor's company was fined £55,000 in January 1997 for the breaches.
The prosecution was brought against the GAA authorities as "proprietors of the business" and not as "proprietors of the premises", but the Supreme Court ruled the GAA was not the proprietor of the business.
Mr Justice Barrington said: "No doubt there may be many ways in which a landlord or licenser can influence the way a business operating from his premises is carried out, but that does not mean that he can be regarded as the proprietor of the business."
The judge said the alleged offences included failure to keep the ceilings in a proper state of repair. During a Circuit Court appeal before Judge Dominic Lynch, Mr Lawlor agreed he did business in the cafe and that neither Cumann Luthchleas Gael nor Cumann Luthchleas Gaedheal Teo interfered with its running.
Mr Lawlor also said his company held the premises under a written agreement with the GAA and was precluded from carrying out structural works.
Mr Justice Barrington said this aspect caused concern to the Eastern Health Board and perhaps to the Circuit Court judge who asked the Supreme Court whether he was correct in holding that the GAA was the "proprietor" of the food business in the cafeteria.
Mr Justice Barrington said if Concessions Ireland Ltd held the premises under some form of tenancy agreement, it could have carried out the structural repairs even if the landlord refused permission.