*Cllr Alan O’Callaghan. Photograph: John Mangan
A FIANNA FรIL councillor has failed in his objection to the transfer of a publicanโs licence for his former pub in South-East Clare.
At Killaloe District Court sitting in Ennis, Judge Alec Gabbett dismissed a bid by Alan OโCallaghan to object to the transfer of the licence for the Pumphouse pub at Kilmurry, Sixmilebridge from landlord, Tim Donnellan to his son, Ronan Donnellan.
Judge Gabbett said that he was not satisfied concerning the objection grounds put forward by solicitor for Mr OโCallaghan, Daragh Hassett.
Judge Gabbett said, “I donโt think it is the right way to go about itโ.
On behalf of Mr OโCallaghan, Mr Hassett said that he was objecting to the transfer of the licence as Tim Donnellan and another owed his client โฌ5,100.
Mr Hassett said that Mr OโCallaghan has secured a court decree judgement for the โฌ5,100 debt but this has been ignored and Mr OโCallaghan has been effectively getting the โtwo fingersโ in his attempts to obtain what is owed to him.
Mr Hassett said, “My client doesnโt do this lightly and in 25 years in practise this is my second time ever to object to the transfer of a licenceโ.
He said, โMr OโCallaghan’s debt arises from his occupation of this particular premises and the people involved include the applicant, Tim Donnellan’s son, Ronan Donnellanโ.
He added, “It is not that my client is coming to court saying I am owed money by the licensee, Tim Donnellan for an unrelated matter such as โbales of hay’. The debt arises from Mr OโCallaghanโs previous occupation of the pub whilst the previous licensee and a paying tenantโ.
Mr Hassett argued that “it is inappropriate for the court to grant the applicant who is the debtorโs son here a new licence in circumstances where he is well aware of a debt owedโ.
Mr Hassett said that Tim Donnellan and Ronan Donnellan “are involved as a family in the pub and both know all about this debtโ.
He said, “There is a decree for judgement obtained here. It wasnโt contested. I wrote to them and gave them every chance to come and there been zero engagementโ.
Mr Hassett said that Mr OโCallaghan occupied the premises from 2009 to 2022 and paid deposits totalling โฌ12,100 and then he worked that down by consent and when he left the premises and he was owed โฌ5,100.
Mr Hassett said that Mr OโCallaghan “co-operated fully with the hand-over and co-operated fully with the new operator on the basis that he would be paid his moneyโ.
Mr Hassett said that Ronan Donnellan got involved with his client and made some ham-fisted excuse where he told his client ‘there are two fridges damaged here so we donโt owe you anythingโ.
Mr. Hassett said his client will say that is not accurate and stated the fridges spoke of were in the pub when his client commenced his lease.
In response, solicitor for Ronan Donnellan, Stiofan Fitzpatrick said, “I donโt accept what is being said. It is a civil matter and an enforcement matter. It is separate to this. This is a licensing matterโ.
Mr Fitzpatrick said that Ronan Donnellan is not the person who owes money to anyone.
Mr Fitzpatrick added that Mr Hassett has a number of options open to him where he can enforce the decree through the civil procedure. Mr Fitzpatrick said, “He has got his decree and it is up to him to enforce thatโ.
Mr Fitzpatrick said that he was not the person who received correspondence on the matter.
Dismissing the grounds of Mr Hassettโs objections and approving the licence transfer, Judge Gabbett said “there is no father or son who is liable for each otherโs debtsโ.