The current licensee of the TF Royal Hotel and Theatre, Pat Jennings, who is nominee of Diorama Ltd—of which he is also a director—has objected to an ad interim transfer of the licence to the receiver. The TF Royal Hotel and Theatre and the Harlequin Hotel in Castlebar went into receivership on May 25 2012.
Solicitor for Mr Jennings, Peter Loftus told the court that High Court proceedings are currently before the Commercial Court in Dublin which is challenging the validity of the appointment of the receiver.
During questioning from Judge Conal Gibbons, Mr Loftus was asked whether he had the licence in court, to which the judge was told that the licensee did not know where the licence is, but assumed that it was in the premises of the TF. Superintendent Joe Doherty said that if he enters the premises and demands a licence one should be produced and if there is no licence action can be taken.
Judge Conal Gibbons adjourned the ad interim transfer to Castlebar District Court on September 5, with written submissions from both the applicant and the objector, to be handed in to Judge Mary Devins on that day.
Also on Wednesday, an exemption application was made in Mr Jennings’s name in relation to extending opening hours on Sunday September 2 until 2am.
Supt Doherty objected to the exemption as he was not satisfied who was running the premises, or who was in charge, as there was no documentation before him and he needed clarification of such.
The superintendent called Mr Jennings to give evidence. Mr Jennings said that he would be present on the night on the public premises, however he does not have any role to instruct staff. The receiver, Barry Donoghue, said that he has not had an objection to Mr Jennings being on the public premises since receivership, however he said “it would be inappropriate of me to give partial control to the director” that night. The receiver said that he would run the bar, subject to licence, without needing Mr Jennings on the premises.
Solicitor for the receiver, Rory O’Connor said that the receiver “is stuck between a rock and a hard place”.
Judge Gibbons said that it is obvious “both parties want to keep the business running” but “if the superintendent is not satisfied that a system is not in place which is compatible with good licensing laws then I will have to refuse.” Supt Doherty said that he was still not satisfied.
The judge said that it is in everyone’s interest to adjourn the matter for a week to August 29. The judge added that “this is the longest exemption application I’ve ever experienced”; one which he would omit when he is writing his memoirs.
