FRANCIE KELLY’S shebeen in Southill has cast planners at Limerick City Council into a legal minefield.
Such is the complexity of the case, officials may have to hire a top senior counsel to help with certain definitions within the Planning and Development Act 2000.
Gardaí at Roxboro sent a file to the DPP after four raids, but still have received no instructions on further action.
The council served a letter of warning to Mr Kelly earlier in the summer and now have six weeks in which to decide whether to proceed with an enforcement notice demanding closure of the shebeen for breach of planning.
The shebeen has been operating in a big shed at the back of his mother’s house in Lilac Court since April.
A senior city hall source said yesterday that such is the complexity of the case no decision will be take until consultations have taken place with city manager Tom Mackey, directorship of planning John Field, senior planner Dick Tobin, senior executive planner, Kieran Reeves and technical planner Sean Moran.
At present, the planning department is trawling through decisions by An Bord Pleanála and statute law for precedents to help unravel one question central to Mr Kelly’s shebeen, known locally as Mother Kellys.
The source said: “The question we have to answer is whether the structure, the shebeen is ancillary to Mr Kelly’s enjoyment of his dwelling house or that it needs planning for change of use. We have to trawl through precedents to see what constitutes ancillary use of a dwelling house. We have to satisfy ourselves that there is a breach of the planning law and be fully clear with that if we are to stand that up and serve an enforcement order as that is a very serious matter and cannot be taken on a knee-jerk reaction basis.
“If we go to court we have to be reasonably satisfied that we would get the right result. The planning and licensing laws don’t necessarily correlate.”
If the council decide to go to the Circuit Court and win, Mr Kelly could face a fine of up to €10,000 and or a prison term of up to two years. Continued use would result in a fine of up to €10,000 a day.
Mr Kelly — who insists he entertains friends at the shebeen for no financial gain — says he intends to fight his case all the way.
He has instructed solicitor John Devane, who is seeking the return of more than €12,000 worth of drink seized during four Garda raids.
Irish Examiner
www.buckplanning.ie
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