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.
Rathmore students look to the future
Students in Scoil Phobail Sliabh Luachra, Rathmore looked to the future as they explored third level opportunities. The teens took part in a number of activities to mark College Awareness […]
Students in Scoil Phobail Sliabh Luachra, Rathmore looked to the future as they explored third level opportunities.
The teens took part in a number of activities to mark College Awareness Week which was held in schools and other education settings nationwide last week.
The focus throughout the week in their school was to highlight the wide range of options open to them when they leave school and to realise that there are pathways to suit all types of learners.
Students from First to Sixth Year took part in activities to get them thinking about their future plans.
First and Second year students completed a module on ‘My Pathways’ and Third Years had an introductory talk on options after school.
Transition Year students worked on a display on all the options and pathways available after school which will remain up permanently.
Senior Cycle students attended the Careers Fair in Munster Technological University (MTU) where they got a chance to meet universities, colleges of Further Education, agricultural colleges, apprenticeship and more education and training providers from around the country including past sudent Aidan O’Mahony at the stand with An Garda Síochána.
Leaving Cert and LCA students had a really informative talk in school on Further Education and apprenticeships from Ella O’Donoghue, Admissions Officer of Kerry College.
The week finished with a talk for Senior Cycle students on Business and Law options in UCC by Ian Wallace.
“A highlight of the week was the involvement of past students, who sent us video clips on their career stories so far and shared tips with students,” Niamh Dwyer, Guidance Counsellor at the school, said.
“It was fabulous to see how well our former students have done and it was really important for our current students to see the diversity of pathways they have taken including apprenticeships, Further Education courses, university, travel, setting up businesses and returning to education as mature students. We are really grateful to the past students who reconnected with us for this week, their input was inspiring and invaluable.”
Students have education and fun London trip
Leaving Certificate students from St Brigid’s returned home Saturday night after a hectic four-day tour to London. The 87 girls took a tour of London on their first day in the city […]
Leaving Certificate students from St Brigid’s returned home Saturday night after a hectic four-day tour to London.
The 87 girls took a tour of London on their first day in the city after landing. They visited some of the famous locations on the journey, such as Big Ben, the Houses of Parliament, Westminster Abbey, and Trafalgar Square. They enjoyed a night at the Lyceum Theatre in the West End watching ‘The Lion King’.
The girls went to The Natural History Museum on day two, which has one of the world’s greatest collections of historical artefacts. They took their time looking around the massive cathedral-like structure’s sculptures and frescoes. Four coloured zones that focus on topics including the environment, evolution, the planet, and wildlife make up the museum’s divisions. They then took pleasure in a trip to the fascinating Science Museum. It was the ideal location for someone with an inquisitive mind, full of amazing things to do and explore.
The Victoria and Albert Museum was the next stop on the itinerary. The V&A’s collection of art spans 5,000 years, from prehistoric periods to the modern era. The Mouse Trap, an Agatha Christie play, was the entertainment for this evening at the St Martin’s Lane Theatre. The play’s 70th anniversary was this week.
On day three, the girls boarded a capsule for a 30-minute spin of the London Eye and marvelled at the breath-taking sights of London. After that, they went to the Royal Observatory Greenwich’s Planetarium and Astronomy Centre, where they experienced an amazing adventure through space. They went to the Prime Meridian in Greenwich, planting one foot on the eastern and the other on the western hemisphere of our planet.
The girls ended their evening at what was a highlight for many at Winter Wonderland in Hyde Park.
On the final day before flying home, the girls went to Oxford Street to do a spot of shopping.
“A great trip was had by all where many memories were made,” said Sheree Murphy, one of the teachers who travelled with them on the trip.
Rathmore students look to the future
Students in Scoil Phobail Sliabh Luachra, Rathmore looked to the future as they explored third level opportunities. The teens took...
Students have education and fun London trip
Leaving Certificate students from St Brigid’s returned home Saturday night after a hectic four-day tour to London. The 87 girls took a...
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