Bar and restaurant ‘looks filthy’ says judge but defence says cleanliness issues are resolved

Judge made remark while looking at Environmental Health Office photos of Kenmare bar

JUDGE David Waters said a pub and restaurant “looks filthy” when a case was heard against the company’s secretary at last Friday’s Kenmare District Court Sitting.

The court heard that the HSE’s Environmental Health Office was bringing the case against the secretary of Kenmare Brewhouse Ltd, The Brewhouse, The Square, Kenmare, for failing to comply with a compliance notice issued following an inspection on October 26 last.

Photos and a report from the premises were handed in to the court, which heard that 20 sets of works were to be complied with within a month of the inspection. A further inspection on November 27, 2023, found the notice had not been complied with.

A legal representative for the HSE’s Environmental Health Office claimed the premises remains non-compliant, but the matter before the court was the non-compliance on November 27 last.

One of the main concerns cited was that an ice machine and fridge are in an uncovered area, giving rise to potential pest difficulties.

Judge Waters said these cases don’t usually come to court unless there hasn’t been some degree of compliance and the defendant isn’t working with the Environmental Health Service.

The defendant has no previous convictions, and the court heard that over €25,000 worth of improvements were carried out over the winter. When the 2023 inspections were carried out, legal representation said his client was waiting on builders.

While Judge Waters said the premises “looks filthy” based on the photos handed in to the court, he was told the cleanliness issues have been resolved.

The ice machine is in a “practically covered” area, the defence said, and his client will take short-term steps to ensure the area is fully covered. The machine had been in a fully enclosed area but, due to a lack of ventilation, the refrigeration company advised that the machine be moved. The defendant had been working between two premises but has taken a step back from one to focus on Kenmare Brewhouse.

Judge Waters said that if the matter is not resolved, he understands that the Environmental Health Services would be within its rights to close the premises.

Judge Waters handed down a conviction, and the defendant will have to pay €2,100: €1,600 in costs and €500 fine.