MOONLIGHT Entertainment, the company behind the running of the former Players Bar, now known as Cocoon, has had applications for late night bar extensions refused at Limerick District Court over irregularities in the licence recently. Judge O’Donnell refused the application made by the company after the court heard of “serious irregularities” in the licence surrounding the premises.
The revelations came to light as the company sought special bar exemptions for dates in late February and early March, and objections were made by the gardai and the landlords of the building adjacent to the Thomas Street premises.
Limerick District Court was told that the licence search showed that a former licence holder, Tom Foxes Holdings, who “thought it best to renew the certificate and not let it lapse,” had taken up the renewal.
However, William O’Donnell, solicitor for the applicants, furnished the court with documentation to support the claim that a licence transfer application was made in the name of his client, Moonlight Entertainment.
Convinced that no one had taken up a new application, Tom Foxes Holdings renewed the licence when they received a renewal notice from National Excise Licence Office in error.
The gardai, unable to ascertain which company had the licence, objected to the application for the special exemptions.
At this point in the proceedings, a second objection was made to the court on behalf of the owners of the property of apartments at 32 Thomas Street, adjacent to the premises in question.
Elizabeth Walsh, solicitor, said that her clients had experienced a “satisfactory relationship” in the past, but since the new “incumbents came in, there had been repeated disturbances, especially in the smoking area, as well as issues with loud music”.
Ms Walsh added that a formal notice of the breach of section 108 of the Environmental Protection Agency Act 1992 and “noise as a nuisance,” was served on Moonlight Entertainment and remained unanswered.
Judge O’Donnell noted that Ms Walsh and her client should seek a formal summons should they wish to proceed with the noise complaint against Moonlight Entertainment.
William O’Donnell, on behalf of the applicant, said that he “was not in a position to enter into a legal argument with Ms Walsh and her clients” if he had “already lost the fight to the state regarding the exemptions,” given the revelations about the position of the licence. The solicitor, in a final plea to the court, stated that “through positive marketing and rebranding, the business was now prosperous and employed seven full-time staff”.
Judge O’Donnell, reiterating the position he made earlier, refused the application for the special exemptions saying that “the record shows that licence doesn’t attach to the premises, and the problem existed because while Moonlight Entertainment may have confirmation of an application to transfer the licence, it was renewed by Tom Foxes Holdings in the interim. Therefore, it is my ruling that your client {Moonlight Entertainment} is not in a position to apply for any special exemptions”.
Judge O’Donnell adjourned the case for one week for the applicants {Moonlight Entertainment} to rectify the position on who held the valid licence; for Ms Walsh, should she wish on behalf of her client, to make a formal application to be served on the courts and the licensees in relation to any alleged breach of the EPA Act 1992 relating to noise as a nuisance; and for all other special exemption matters to be dealt with relating to the premises.
The case has since been adjourned until March 18 next as the licence issue and its ownership still remains unresolved.
