A company operating a bingo hall in Cork city has secured a temporary High Court order restraining interference with its activities after bingo books were seized by gardaí earlier this week, preventing a bingo session proceeding.
Omega Leisure Ltd, trading as Rock Bingo Club, which says it is operating as an agent for a hospital charity under a valid lottery licence, claims Supt Charles Barry, based in Togher, Cork city, is operating a “systematic policy” of ensuring gambling does not take place in his area.
Supt Barry had inspected the bingo hall at Deanrock, Togher, on Monday and, the following day, obtained a District Court warrant under which he went with gardaí to the premises half an hour before the bingo was due to start, Mr Justice Iarfhlaith O’Neill was told today.
On the basis of claims of an unlawful lottery, bingo books and other materials were seized, the bingo game was unable to proceed, patrons had to be turned away and there was concern this might happen again, said Constance Cassidy SC, for Omega Leisure Ltd, trading as Rock Bingo Club.
The company had spent €750,000 fitting out the 1,000-seat hall and planned to run bingo games five nights a week with the first game intended for Tuesday last.
The company last week initiated proceedings against Supt Barry, the Garda Commissioner and the State and Mr Justice O’Neill today granted it an interim order, returnable to Friday next, restraining interference with its licensed activities.
Ms Cassidy said the defendants had been informed of her side’s intention to seek the interim order and she understood they would appear when the matter came before the court on Friday.
While assurances had been provided to the court on behalf of the defendants to the High Court at a hearing last Saturday, it appeared Supt Barry was “sidestepping” those and had taken matters into his own hands, counsel said.
Her client would be seeking a court declaration that its activity is lawful as Supt Barry appeared to believe a lottery license requires the license applicant to carry on trade at the premises in question when that was not the case, counsel said.
The company says it is entitled to run bingo games for charities which have been issued lottery licence for the relevant district. It says it entered an agency agreement on October 12th last with the Mercy Hospital Foundation, a charity which raises money for the Mercy University Hospital, Cork.
Under that agreement, the company will run bingo games for the charity and is entitled to a maximum 40 per cent of the proceeds.
In an affidavit, James Barber, a director of the company, said the business model of the company is recognised in the Department of Finance’s charitable Lotteries Fund Scheme, is lawful and complied with all legal requirements under the Gaming and Lotteries Act 1956.
He said Supt Barry, during an appeal of a gaming licence application before Cork Circuit Court on October 17th last, had said gambling leads to an increase in crime, family breakdown and suicide and he intended to oppose all new gaming establishments in his area.
Supt Barry had objected to lottery licence applications for charities which were in negotiations with Omega to enter into agency agreements, Mr Barner said. Those charities were Cork Penny Dinners, Harlequins Hockey Club and St Augustine Global Foundation.
Other charities - St Luke’s Home, the Church of Ireland Hockey Club and Marymount Hospice - withdrew from negotiations with Omega after being contacted by Supt Barry, he added.
