THE OWNER of a shebeen is facing a fine of up to €30,000 unless he removes all fittings from a shed operating as a bar at his home in Limerick city.
Last July Limerick City Council secured a ruling that Francis Kelly was in breach of the Planning Act by having a premises at his home in Lilac Court, Keyes Park, Limerick, developed for use as a shebeen without planning.
Yesterday at Limerick District Court, the 33-year old was convicted of failing to comply with an enforcement order requiring him to discontinue using his home as a bar.
Under the enforcement order he was also required to remove all bar fittings and not to serve or consume alcohol on the premises.
Insp Gerry McNamara told the court that he inspected the shed at the back of Mr Kelly’s home on September 11th last when he had to force in a door after waiting for 30 minutes to be admitted.
Insp McNamara said he found six people on the premises. He said there was a bar counter in the shed and said there were bottles of spirits on the wall and a fridge full of cans and beer bottles.
Mr Kelly insisted that his friends would buy alcohol at an off-licence and drink it his home and denied selling drink.
There was stifled laughter in court when he was asked to explain the fridge full of beer and he replied, “I like them chilled”.
When asked about bottles of spirits on the wall waiting to be consumed he replied, “as far as I’m concerned any bottle is ready to be drank”.
Judge Tom O’Donnell said he was satisfied Mr Kelly had not complied with the enforcement order and that his premises had all the vestiges of a bar.
The court heard that the penalty for failure to comply with the enforcement order was €508 for each day the offence continued and in Mr Kelly’s case because it was 57 days this could result in a fine of €29,956 or jail.
Defence solicitor John Devane said his client was an alcoholic living on social welfare and he was not in a position to pay a monetary penalty. Judge Tom O’Donnell adjourned the matter until October 15th.