No late licence for McCafferty’s, Donegal Town due to fire officer objection

A district court judge said that in light of objections by the fire officer and gardaí, she could not grant an annual dance licence that would allow late opening at McCafferty’s Bar, Donegal Town.

And on the same basis, Judge Sandra Murphy refused to grant a number of special exemption orders for late opening at weekends in November, up to and including December 1.

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The applications were made by Brendan Maxwell as nominee of Fanad Head Limited, The Diamond, Donegal Town, the company which operates McCafferty’s.

At the annual licensing court at Donegal Town courthouse on Wednesday, November 6, the court heard garda and fire officer objections to the special exemptions. 

Fire officer Conor McShane explained: “We have an objection on the dance licence from 2023. 

“Works were carried out in December 2022 with approval sought retrospectively. That hasn’t been resolved yet. We are waiting for clarification on how these matters have been addressed. 

“We haven’t received correspondence that would allow approval here today.”

Fanad Head Limited was represented by Sweeney McHugh Solicitors, Dungloe. 

In response to the fire officer’s objection, the solicitor said: “That is in relation to the dance licence. I seek an adjournment of the dance licence to the December court.”

He asked that in the meantime, the exemptions would be granted, allowing the bar to continue late opening uninterrupted.

However, Judge Murphy refused the application.

“I cannot do that based on a 2022 licence,” she said.

“When there is a garda objection and a fire officer objection, how can I say this premises is suitable? That is what you are asking me to do.

“What if something happens there, in a premises with fire officer works outstanding?

“They are fundamental concerns. I don’t see how a court can grant anything.”

The matter of the annual dance licence was adjourned to December 4.

The solicitor asked if the exemptions order could be heard sooner given that efforts were being made by his client to resolve the matter.

Judge Murphy agreed to a hearing on the exemptions order on November 15.

“But you need to look at your application overall,” she stressed.