Case against publican is struck out

A legal hitch led to the striking out of proceedings over the alleged late opening of a Wexford pub.

Garda Sergeant Cormac Sheridan reported that a karaoke session appeared to be going on at the Foggy Dew around 2 a.m. in the early hours of a Friday morning.

The prosecution of the 60-year-old licensee Michael McDonald of 114 South Main Street, Wexford was taken under legislation enacted in 1927 as amended in 1988.

The sergeant told how on the date in question in June of 2016 it was 1.45 a.m. when he spotted a youth coming from the pub.

The youth then banged on the door and re-entered the premises.

The sergeant peered through a window and reckoned that there were about 15 people dancing inside.

He banged on the door and shouted ‘gardaí’ but was not admitted though he waited around for half an hour.

McDonald later said later he was out of the country at the time and that the person left in charge emigrated afterwards,

Barrister Jordan Fletcher pointed out that section 29 of the acts cited by the prosecution and under which his client stood accused, did not detail any offence in either the 1927 or 1988 versions of the law.

He accepted that an offence is laid out in section 29 of the 1966 version.

Judge John Cheatle felt it was best to strike out the proceedings.