TWO MEN have been found guilty of running a shebeen in Avoca, Co Wicklow, after a two-day hearing at Arklow District Court.
Shebeen owner Gerry Canavan (56), Templeusk, Avoca, and Kieran Morgan (39), The Chalet, Templeusk, had both pleaded not guilty to charges of trading without a licence last year.
Canavan and Morgan, who was a tenant living at The Chalet, Templeusk, were both found guilty in respect of exposing or selling drink on June 25rd, while Canavan was also convicted of a second charge in respect of July 3rd.
Morgan had pleaded guilty to a charge of possessing cannabis on the occasion.
After convicting both defendants, Judge Murrough Connellan put back sentencing to next Wednesday.
Prosecution evidence was heard on April 20th when the court was told that items seized by gardaí had been taken to Kelly’s storage depot in Kilmacanogue. Those items, which included alcohol, were brought to court in a lorry.
Garda Sgt Fergal McHugh said that €4,000 worth of alcohol was bought from a wholesaler in Carlow and was paid for by credit card.
He said he believed the alcohol was being sold for profit.
Garda Sgt Tony Flynn had informed the court that €10,510.66 worth of alcohol was bought between June 3rd and June 25th, while there was also a receipt for more than €3,500 worth of repairs.
Yesterday the two defendants gave their evidence to the court. Canavan denied that he was setting up a fully fledged bar without a licence.
“I am not running a pub, I am not selling drink and I have no intention of selling drink. It is my home and it is for my own use.”
Canavan added that the donation box on the wall was there so that people who got drink could give a donation towards the drink if they wanted but they did not have to.
Morgan also denied that he was selling drink at the shebeen and said that drink seized by a garda in a search of his chalet was his own private whiskey collection.
In convicting the two defendants, Judge Connellan said that the shebeen looked like a public house and not a home. It had a great variety of drink, which was not out on the open floor or on tables, but behind a bar.
It had all the facilities one would associate with a pub – a pool table, juke box and darts. The only difference was that it had a box on the wall to make donations.
Judge Connellan said he had no doubt the owner would not provide drink to people without a donation being made.