A pub-owner who operated a shebeen and continued to sell drink without a licence in defiance of gardai was fined a total of £100 at Galway District Court yesterday.
Sean Hanley, of Cloonacauneen Castle, Claregalway, Co Galway, and his company, Phantom Ltd, with offices at Devon Place, Salthill, Galway, admitted the offence on August 3rd last year in that they continued to trade without a liquor licence.
Sgt Peter Geraghty, with other gardai, raided the premises at 12.40 a.m. on August 3rd and found it packed with people drinking. Sgt Geraghty told Hanley to clear the premises because he did not have a liquor licence. but Hanley refused.
Sgt Martin O'Shea then obtained a search warrant under the Licensing Act, and on August 4th gardai entered the premises and seized over £3,500 worth of drink.
On the same date Hanley was granted a liquor licence in Limerick after presenting a tax clearance certificate to the court there.
The court heard that Hanley now had a licence for the premises which was for sale on the Internet.
Insp Tom O'Donnell said Hanley has 12 previous convictions for breaches of the licensing laws, and his licence carried two endorsements.
The court heard that at the time Hanley was in negotiations with the Revenue Commissioners over a tax bill. This was settled and he was issued with a tax clearance certificate.
Judge John Garavan said Hanley had made a decision to stay trading. "It was either that or go to the wall."
However, he would not endorse the licence as the premises was up for sale, and a third endorsement would mean Hanley would lose his licence. He fined him £50 and Phantom Ltd £50, the maximum penalty for operating a shebeen, on the basis that the premises was up for sale, and he ordered forfeiture of the liquor seized to the State.