THE MAN behind a “shebeen” operating from a shed at the back of his home in Limerick city has vowed to continue drinking at the premises, despite a court fine imposed yesterday.
Francis Kelly was speaking after his brother Anthony Kelly (48), O’Malley Park, was convicted at Limerick District Court of occupying an unlicensed premises contrary to the Intoxicating Liquor Act of 1962.
Anthony Kelly was charged after gardaí raided a shed behind his mother’s house at Lilac Court, Southill, Limerick, on April 17th last. Mr Kelly denied the charge and claimed he was visiting the house where his two daughters and brother Francis lived to fix a plumbing problem.
The house belongs to Mr Kelly’s mother, Rita, who lives in a nursing home, the court heard.
Alcohol seized during the raid included 39 bottles of Budweiser, 49 bottles of Heineken, 24 bottles of Bulmers and bottles of vodka.
According to Garda evidence, the premises contained a bar, bottles mounted in dispensers, a fridge, a snooker table, a game machine, tables and chairs and toilets marked “Ladies” and “Gents”. There was a TV with a live feed from a CCTV camera monitoring the back door.
About 20 people were in the premises at the time and a black notebook with a list of names of those drinking was found.
Judge Tom O’Donnell said he had no doubt the shed had “all the appearance, vestiges and attributes of a bar”. He was satisfied it was a commercial enterprise operated on a tab system.
He convicted Anthony Kelly and imposed the maximum penalty available – a fine of €63.49 (the equivalent of £50). Anthony Kelly said he would appeal his conviction, which, he added, did not mark the end of the shebeen.
Francis Kelly said: “I’m drinking for 15 years with my friends in that shed and I don’t see why I’m going to stop now. I’m barred out of every pub in Limerick. It’s illegal to drink in a public place, so I see it that I’m forced to drink with my friends in my own house, and I don’t see any wrong in it.”
He disagreed the shebeen was a commercial enterprise. “I’m drinking in my house with my friends just like hundreds and thousands of people all over the country do every day.”