A Moate couple who appealed against a neighbouring pub’s application for a dance licence because they felt their privacy and peace was impinged upon, were assured some compromises in court this week (November 25 ).
In court applying for a dance licence was Mr Denis Moran, landlord of The Gap House in Moate, but this was objected to by Seamus McBride and Linda Claffey who live across the road from his premises.
The couple complained to Judge John Neilan that when Mr Moran opens the windows for ventilation on the weekends “we can’t hear our television” and, because the windows were directly opposite the couple’s residence, patrons of the pub could see directly into it.
They also told the judge that since making the complaints to Mr Moran, a number of patrons would pull faces at them through the troublesome windows.
Mr McBride admitted the noise was only at weekends and only lasted until 12.30 or 1am. He also admitted that Mr Moran had been in the pub for 10 years while he had been living opposite for the last three.
Ms Claffey told the court there had been no problems for the first two years of their tenancy but she felt that having made the recent complaint: “People are playing darts at eye level and intimidating us”.
In his defence, Mr Moran said the dance licence was for the function room at the rear of the premises “which is a separate entity altogether from the bar” and that there had been no objection to this application from the gardai.
The first thing Judge Neilan noted about Mr Moran’s initial application in September was an error in the public notice required by the 1935 Dance Hall Act, which must advertise a publican’s intent to hold such functions.
Defending solicitor, Mr John Keogh, produced a letter to court from a local paper accepting responsibility for this error; however Judge Neilan declared: “The notice is defective and will have to be re-issued.”
“I don’t know how sympathetic Mr Moran is to the objectors, but judging by the conduct emanating from the public house, it seems the objections have been made known and patrons screwing up their faces are making matters worse,” said the judge.
“Mr Moran is going to have to instruct his patrons to desist from this sort of thing.
“The windows will have to be sealed permanently until the fire officer orders otherwise.”
The judge then adjourned ruling on the application until December 16 “to monitor Mr Moran’s behaviour as a licencee and to hear from the fire officer”.
A little later his solicitor, Mr Keogh, told the court Mr Moran had agreed to totally frost the three troublesome windows and “will close them fully when music is played in situ”. Judge Neilan accepted this compromise.
“A lot of progress can be made when common sense is engaged rather than continuing in an antagonistic strain,” he said.
He reminded Mr Moran to keep an eye on his patrons’ behaviour because “as in many small towns, there may be a mischievous window opener”.
