THE Swilly Inn off licence in Letterkenny must close down for five days, by order of the court, for serving cider to two 17-year-old boys.
Licensee, Joseph McFadden of Swilly Inn, Gortlee was found guilty at a special sitting of Letterkenny District Court on Monday of selling intoxicating liquor to persons under 18 years on 13 January, 2006.
A 17-year-old told the court he met up with his friend in town and both of them went to the Swilly Inn off- licence. He bought two bottles of cider from the man behind the counter. He later spoke with Sgt Christy Galligan and pointed out the man who sold him drink. He was taken to the Garda Station and gave a statement in the presence of his parents. Witness said he was not asked for identification in the off licence.
The second witness told the court he had been texting his friend that night and he had said he might get drink. He asked him to get him some too. He bought a bottle of vodka from his friend when they met at Tesco around 10pm. They then walked to the Swilly Inn and gave gave his friend money to buy the cider. He told the court he paid ¤12 for the vodka and ¤6 for the bottle of cider. They both walked back into town, stopping off to drink the cider.
Sergeant Christy Galligan said he was on town patrol in Letterkenny when he came across two boys on main street. Both were extremely intoxicated. He asked them their names and of them initially told Sgt Galligan his name was from Manorcunningham.
Sgt Galligan established that one had bought two litres of cider from the Swilly Inn off licence from Joseph McFadden, who was the licence nominee of San Bernardo's Ltd, trading as the Swilly Inn. McFadden admitted selling the cider to the teenager and signed Sgt Galligan's notebook. He also admitted he was licensee of the premises.
Following a lengthy legal debate, solicitor Mr Niall Sheridan successfully argued to have one of the charges against McFadden, for permitting a person to sell liquor, struck out. Mr Sheridan asked the closure order be applied to the off-licence section only as the pub and off sales were two distinct areas.
Inspector Angela Willis said there was a mandatory closure order not exceeding seven days and a minimum fine of ¤300 to be imposed. The closure order will be imposed 30 days after the court date. McFadden had no previous convictions for this offence.
Judge Derek McVeigh said selling alcohol to people under age was a particularly serious offence which is happening up and down the country. He said both boys were in a particularly bad state. He added it was also "fairly obvious both were under age." He imposed a ¤300 fine and ordered the off licence to close for five days in February next.
The court also heard that bar man, Barry Kavannagh of 11, Oaklands, Letterkenny was in charge on 13 March last when four persons were found on the premises after hours.
Sgt Galligan said he entered the Swilly Inn at 1.42am and found four people with full pints in front of them. They said they were waiting on a taxi. The court heard there had been a number of previous convictions. The company, San Bernardo Ltd, trading as the Swilly Inn, was fined ¤950.
