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A Circuit Court Judge has this week granted a local business access to a laneway in a dispute between business people in Killarney.

Reidy’s Bar on Main St., needs access to the laneway as a fire escape to comply with fire officer regulations, the court in Killarney heard on Tuesday.

Barrister Elizabeth Murphy had sought an injunction on behalf of David Downey, and Kq Accommodation, a limited company, operating JM Reidy's to force the respondents Donal Culloty, Lynda Culloty, Sean Coyne & Company Limited of No 1 and 2 Main Street, and Gerald O'Sullivan of the Caragh Restaurant, at the corner of New Street and Main Street, to allow an emergency exit through a door which has a false front, onto Main Street.

Judge Terence O’Sullivan granted the interlocutory application - a holding mechanism until the issues are fully tried - because on balance there would be a level of inconvenience including a fire hazard.

Reidy’s was originally a sweet shop and small bar and is a protected structure, but in recent years has been transformed into “a super pub”, the court heard.

There was “a huge degree of dispute” with neighbouring businesses over the exit, the judge noted.

At one point the barrister for Sean Coyne and Co., and others, claimed the operators of Reidy’s, which has now grown to cater for 800 patrons, were “riding roughshod” over other users of the lane and had no right to the lane or the exit.

But Reidy’s had never abandoned the right of way via the laneway, barrister for Reidy's, Elizabeth Murphy said.

“We are not claiming ownership, but we are claiming a right of way,” Ms Murphy said.

Approaches from her clients to unblock access to allow exit “in the unlikely event of a fire”, had met with no meeting of minds, and the matter was being “savagely contested", Ms Murphy said.

She handed deeds dating to 1900 into court, showing the existence of the laneway.

She vigorously denied claims about lack of planning and licensing by the respondents.
Eliza Kelleher, barrister for the respondents, opposing the application, said the old Reidy's bar did not even have alcohol on tap.

“It was just cans and bottles and a gift shop alongside run by Michael’s sister Marie,” Ms Kelleher said.

Out the back were considerable yards and stables.

“But the extension by the company is such it now caters for 800 patrons on the premises. There are two bars in front and four in the stables and sheds out the back as well as two courtyards and an awning. The premises has been transformed from what it was originally.

“The fact is there has been a change, an utter change of use. There has been no application to extend the licence,” Ms Kelleher further claimed, which was denied.

And while the number of fire exits for the first extensions had been adequate "extra ,extra expansion" in 2018 had necessitated this further exit, she also said.

The court was told how inside Reidy’s there was a sign over a hefty door saying “Emergency Exit. Keep Clear at all times!” which was “like a Guinness sign”, the judge remarked.

The sign was erected by the pub operators and there was actually no-where to go since the gate was locked since the 1970s, when her clients redeveloped the site, and replaced the old gate, locking it, and in 1985 erecting a false front, Eliza Kelleher said.

Reidy’s did not have keys and Mr Sheehan had been a friend of Sean Coyne, now retired. They had golfed together and he had never sought a key or access, Ms Kelleher outlined.

The gates were there always and they had never been used, it was claimed.

Ms Kelleher said Reidy’s were “riding roughshod over the people in this lane".

Judge Terence O’Sullivan granted the interlocutory application until the issues are fully tried.

He said that the “readily openable door” from Reidy's ultimately onto Main Street to act as a fire escape will have to be allowed within seven days. A simple mechanism like a bar might do it, and Reidy’s offered to meet the expense.

There is to be a full and early court hearing.