Drumshanbo publican convicted and fined for Covid breach in 2021


A Drumshanbo publican was found guilty of a breach of Covid regulations when he appeared before Judge Sandra Murphy at Carrick-on-Shannon District Court.
Brendan Barron, The Welcome Inn, Church St, Drumshanbo pleaded not guilty to the charge.
Gda Carty told the court that gardai had received a report of a breach of Covid regulations at the Welcome Inn on August 26, 2021. She and another garda went to the Welcome Inn arriving at 8.48pm. They tried to access the property but she said they could not because of the crowd inside. She estimated there were between 50 and 60 people on the premises.
Her colleague got the attention of the barkeeper who was the owner, Brendan Barron. He came outside and Gda Carty said that at this point a number of patrons exited the pub and tried to prevent her from speaking to Mr Barron.
“He (Mr Barron) returned to the property and the front door was locked and we were left outside,” she told the court. She said that some of the people who exited the pub had made several threats to “burn Drumshanbo and Carrick-on-Shannon” if they were forced to leave the pub by the gardai.
She requested the assistance of the armed support unit and gardai from Carrick-on-Shannon and Mohill arrived on the scene. A short time later the pub door opened once again and the premises emptied.
“I went inside and spoke to Mr Barron. He informed me he had received a phone call (earlier in the day) from a John Stokes about a party of five males and five females who wished to attend the pub that evening,” she said. He told the garda when they arrived he wasn't able to prevent a number of others from entering. Gda Carty said that when she first arrived she observed there was “no room” between the patrons and no face coverings being worn. She said that the rules to have six sitting at a table was not being observed and no one was keeping the required distance.
“I asked if he had complied with the request to see proof of vaccination from those who were in the pub and he showed me a notebook with six names. He was unable to prove how he verified the vaccination status of these,” she said. She added people were standing “shoulder to shoulder” inside.
Cross-examining the witness, solicitor Peter Collins, said that his client denied that those who exited the pub and made threats to Gda Carty after she arrived.
“My client will say that those people did not come from inside the pub. He'll say these were people who could not prove their vaccination status and were denied entry (to the pub) and they remained outside on the street.”
However, Gda Carty replied that she observed the people exit the pub and make threats. Mr Collins insisted his client believed he was complying with the Covid regulations and that tables were spaced out properly.
“(Mr Barron) claims that a load of customers came out to the front bar from another room when the gardai arrived and that is why it looked full,” he said. Mr Collins produced a notebook which he said listed the patrons and the tables they were sitting at and also verified their vaccination status. Gda Carty however, said that this was not the notebook she had seen on the night in question in the bar.
Gda Des Flanagan also gave evidence. He said that when he arrived he couldn't get any further than the door because “the place was full.”
Gda Flanagan noted that some of the patrons undertook to leave the premises and at this point he left Mr Barron to reduce the number of people in the bar.
Taking the stand Mr Barron insisted that he had fully complied with the Covid regulations. He said that he had set up the bar so the tables were spaced and more tables were located in a separate area at the rear of the premises.
He said that he normally didn't open the bar until 7pm but had received a call to ask if a small party could attend earlier following the erection of a cross at the graveyard in Carrick-on-Shannon. Mr Barron said he had been told there would be “5 or 6 men and 5 or 6 women” in the party.
“I agreed to open. I checked on the phones for their vaccination certs as they arrived,” he said, noting that his daughter also checked their vaccination status.
He acknowledged that more people turned up who he had not expected.
He said some people who were trying to gain access to the pub wouldn't let him check their vaccination status and he had refused them entry. He estimated that, even with the additional people, there were only about 30 people on the premises.
Mr Barron said that when word filtered into the pub that the gardai were outside patrons came from the back area of the pub into the front bar. He said that this was why the pub had appeared so full when the gardai looked in. He insisted the patrons were wearing masks and took them off when sitting at their tables.
“I took the names of people at each table and I recorded them in the notebook and they were written up in a second notebook with the vaccination status and what table they were sitting at. The gardai never asked to see the book with the tables.” He said he would have cleared the pub at 10pm with no trouble.
Judge Sandra Murphy noted this incident had occurred “at the height of Covid.” She said she was satisfied that this did amount to a breach of the regulations. Mr Barron was convicted and fined €750.