PUBLICAN WAS WRONGLY CONVICTED OF SELLING ALCOHOL AFTER HOURS

A NEW ROSS publican was successful in his appeal against a District Court conviction arising out of the sale of alochol during prohibited hours.

James O’Sullivan, formely of Prendergast’s, the Quay, New Ross, brought an appeal before Wexford Circuit Criminal Court, having previously been convicted at the District Court and fined €300 for the sale of alcohol during prohibited hours at Prendergast’s, New ross, on August 28, 2017.

Mr. Paul O’Sullivan, solicitor for the appellant, told the court that Mr O’Sullivan was the nominee on the licence since 2013. At the time he was a director with O’Leary International Group, the company which ran Prendergast’s.

In 2014 he left the company and was told the licence would be transferred out of his name, but this was not done. The appellant, he said, was not aware of the summons which went to Prendergast’s. James O’Sullivan only became aware of this later on, when a solicitor at the District Court sitting entered a plea of guilty to selling alcohol outside hours.

The Solicitor for O’Leary International Group told the court that the licence was in the name of an Associated Company. He said that Mr O’Sullivan’s name should have been removed and had since been removed. The plea in the District Court, he said, was on the assumption that it was going to be the company that was going to be convicted.

It’s conceded that Mr O’Sullivan was not in control of the business and had he been aware of that at the time he would not have been convicted.

Mr Paul O’Sullivan said the summonses were in the name of Mr O’Sullivan and no plea should have been entered.

Mr Kevin O’Doherty, State Solicitor, told the court that the State was not offering evidence in the case.

Judge John O’Connor allowed the appeal.