Renewal of Achill hotel licence refused by Circuit Court
AN APPLICATION to renew the licence for McDowell's Hotel, Slievemore, Achill, was refused by Judge Harvey Kenny at Westport Circuit Court. The court heard the licence had lapsed in 1994 and the owner only realised it when a customs and excise representative called to the premise during a Garda function. After hearing from the applicant (Richard O'Hara), his accountant and architect, Judge Kenny said the application was"out of order" with wrong maps and notification and he was refusing to grant it. Mr. John Healy, district court clerk, told the court McDowell's hotel had been treated over the years as a hotel licence. However a search of the licensing register and records available described it as an ordinary 7-day licence. He had checked the records back to the Thirties and over that time it was a 7-day licence. The last licence renewal date was February 4, 1994. Mr. John Jordan, BL, (representing the applicant) said the hotel traded during the summer and it had not traded since it closed at the end of last summer and was ran on a seasonal basis. Mr. Michael Dolphin, accountant, said his firm had been charged to prepare the licence renewal. Through negligence on their behalf, the deadline expired and the necessary documentation was not completed. He said last September he realised the licence had lapsed. This was the first time he realised it. They would have sent an application through but it would not have been processed as the deadline was gone. There was a current tax clearance certificate and the applicant's tax affairs had always been up to date. He said the applicant had an annual turnover in the region of £70,000 from the hotel, bar, restaurant and B&B. The applicant, Richard O'Hara, told the court he bought the premises in 1990 and was under the impression it had a hotel licence. It was registered as a hotel. He said the trading season started around the Easter weekend and after that he would try to carry on some weekend business until the main summer season which continued until the October bank holiday weekend. O'Hara said last September the hotel was hosting a Garda golf function and on the night a member of the customs and excise called to the hotel and ordered a drink. Shortly after he noticed the person went inside the counter and they had a conversation. Witness said he told the person he had a licence. On the following Monday he contacted his accountant and it transpired that he did not have a licence. The accountant said it boiled down to the fact there was negligence on his behalf. O'Hara said he ploughed most of the profits made back into the business and was on the verge of getting 2-star accreditation. There were nine bedrooms in the hotel and they were in the process of providing the tenth bedroom. He had given an undertaking to carry out works set out by the fire authorities. Mr. John Hamrock, architect, said there was upgrading of the emergency lights, fire detection system and other works in the first phase which would be completed by the Easter opening. After hearing about works being carried out in the hotel, Judge Kenny refused the application which he said was"out of order". He said the maps were wrong, the notification was wrong, and the applicant was coming into court looking for a 7-day licence. "The plans don't match what is on the ground," he said. "One would think everything would be spot on and you would go away from this court with a confirmed 7-day licence." |
