A nightclub doorman who worked six months without proper clearance was fined just €100 but had costs of €2,535 awarded against him in the District Court this week (April 27 ) in a case that drew some sympathy from the judge.
The court heard from Ms Triona Walsh, the solicitor of the Private Security Authority, how Seamus Guinan (41 ), of Tubber, Co Offaly had, between November 2009 and July 2010, worked on at least 18 occasions on the door of Silvers nightclub in Moate without being properly licensed to do so, as required by the 2004 legislation.
“How did you gather your evidence?” asked Judge Seamus Hughes.
“The Authority carried out surveillance and the club gave details of payments to the individual involved,” said Ms Walsh.
“I’ve noted you go for the small fish. Who do you think might have the bigger responsibility? Shouldn’t the firm check for a licence? Who’s primarily responsible?” asked the judge.
“We didn’t go after the club because it assisted in the investigation,” said Ms Walsh.
She continued: “The [doorman’s] licence only costs €130 ... no application was received from the accused. When he’s licenced he can work anywhere, and is not necessarily limited to the one club. Essentially he’s a contractor.”
The judge then asked Ms Walsh how many prosecutions has she had taken on behalf of the Private Security Authority.
“I estimate between 25 and 30, but mostly over the installation of burglar alarms. I couldn’t say how many nightclubs they’ve taken an action against,” said Ms Walsh.
Judge Hughes then pointed out that according to his interpretation of the 2004 Act: “the nightclub is responsible to ensure doorstaff are properly licensed”.
Mark Cooney defending, explained how Guinan had done a FETAC level 4 training course in relation to achieving the required qualification, had 20 years experience, no previous convictions, and had admitted the offence.
“He hasn’t worked as a security man since October 2010. He himself was never interviewed by the PSA,” said Mr Cooney.
Judge Hughes accepted this but convicted Guinan. However, when Ms Walsh applied for damages of nearly €5,000, he queried the size of the award.
“The accused moved address and there was some subsequent work. We had to employ tracing agents,” said Ms Walsh.
“He just simply hasn’t got it,” said Mr Cooney about unemployed Guinan.
“Because of the costs, I must substantially scale down the fine,” said Judge Hughes, before only accepting Ms Walsh’s application for €2,535 in costs, and then fining Guinan €100.
