A pub in Waterville, which has been operating for more than 100 years and has never been in court for licensing offences before, was convicted and fined €200 at Cahersiveen District Court for permitting a person to sell alcohol to a person under the age of 18.
The Fisherman’s bar at the Butler Arms Hotel in Waterville was before the court following a test purchasing operation in conjunction with local gardaí in March 2020.
Solicitor for the pub, John O’Dwyer, argued that the case should not go ahead as the licensee named on the summons included the Fisherman's bar, but he said the bar trades under the corporate entity of the Butler Arms Hotel Ltd and therefore it is incorrect to include the name of the pub on the summonses before the court.
“The Fisherman's bar is on the summonses. It [the licensee is a corporate entity, a different title,” he said.
Judge David Waters did not agree and said once the licensee is named on the summons - in this case the Butler Arms Ltd - and which is named on the summonses, he would not strike it out.
He said if it was the manager ‘s name or a different name then it would be an issue but in this case the Fisherman’s bar named on the summonses does not affect the case as the Butler Arms Hotel Ltd is also on the summonses.
The court heard that Garda Darren Ronan attend the bar on March 16,2020 and observed the test purchaser buying a can of Bulmers from a member of staff. The test purchaser was 16-years of age.
Judge Waters sought a photo of the test purchaser as he said “a lot turns on how old the person looks.”
Mr O’Dwyer said that the person who sold the alcohol no longer works at the premises and he said that the premises has been in operation for more than 100 years without being in court for any other licensing offences.
The Butler Arms Hotel Ltd was convicted and fined €200.