CITY TRIBUNE
Gardaí withdraw ‘shebeen’ prosecution against Galway casino
The State has withdrawn a prosecution of a city centre casino for selling alcohol without a licence – because its operating company has gone into liquidation.
Midnight Entertainment Ltd, which operated the 4 Aces Club on Dominick Street, along with three employees present on the night, had been charged with selling various intoxicating liquors at the premises on November 28, 2015, without being licensed to do so, contrary to Section 7 of the 1924 Intoxicating Liquor Act.
The company had denied any wrongdoing and sought Judicial Review of the prosecution case against it in the intervening years, contending it did not require a liquor licence because it was a private members’ club.
The company was unsuccessful in its attempts to have the charge dropped and the matter was specially fixed for a fully contested hearing before the District Court in Galway last week.
However, the company’s solicitor, Alma Whelan, informed the court that Midnight Entertainment Ltd, had gone into liquidation in July and would not be contesting the charge.
A short time later, Inspector Des Beirne, accompanied by Sergeant Brendan Moore – who had brought the prosecutions – attended court.
Insp Beirne said he had just received information from the Companies Registration Office which confirmed the defendant company had gone into liquidation on July 3.
In light of that development, he said, the prosecution case would fail with regard to the company and he said the State wished to withdraw the charge against the company and also against the three casino employees who had faced similar charges.
Following a submission from solicitor, Valerie Corcoran, who had represented one of the company’s former employees, and noting the alleged offence took place in excess of four years ago, Judge Mary Cashin agreed to strike out the charge against all of the defendants ‘with prejudice’, which means the State cannot bring another prosecution for the same charge against them.
(Photo: Alcohol which was seized by Gardaí from the 4 Aces Casino during the raid in 2016).