A SHOP owner has admitted selling alcohol to a teenager who was working undercover for Gardai, but the case was adjourned for CCTV stills to be produced in mitigation.
Declan McEneaney, ( 47), with an address at Elm Grove, Bay Estate, was summonsed after the shop he owns, McEneaney's XL, Avenue Road, sold four cans of Tennents beer to a 16-year-old girl on April 12.
Judge William Hamill heard how the teenager went into the shop and was sold the alcohol by a female shop assistant without being asked for ID. Gardai were outside and went into the store to ask the worker about it. Mr McEneaney, as licence holder for the store, was prosecuted for the offence, but was not on the premises at the time.
Solicitor Paul McArdle said the shop assistant was very apologetic for what happened and added that this lady ' was known for her strictness' in asking for ID, but on this occasion was 'distracted' and ' unfortunately the sale went through'.
Mr McArdle said the teenager appeared to be accompanied by an older woman, who turned out to be a Garda.
Inspector Martin Beggy said the Garda was there, but she was not standing beside her and it was the young person who bought the drink.
Mr McArdle said the worker had told him there was an adult nearby and she was also distracted by a fault in the till. Inspector Martin Beggy said that if a conviction was recorded, owners could be fined and ordered to close for a period of time.
Mr McArdle said his client, who has never been in trouble before, took the matter very seriously and was willing to make a contribution to the court poor box in order to get the benefit of the probation act.
Judge Hamill was told there are stills available from the store's CCTV footage, which may assist in helping establish the proximity of the Garda and he adjourned the case to April 10 for the pictures to be obtained.