Courts / Galway / Report

Judge's comments on casino not pejorative or prejudicial, court finds

Date
2020-03-02
Stage
Appeal
Primary locality
Galway
County
Galway

Summary

In a 2020 Court of Appeal decision, the court held that a District Court judge's remark that a "genuine casino" would need a liquor licence was not pejorative or prejudicial. Midnight Entertainment Ltd, which operates the 4 Aces casino in Galway, had been charged with selling drinks without a licence on 28 November 2015. The company, claiming it is a private members' club and does not require a licence, denied wrongdoing and sought to defend itself. Midnight Entertainment had previously obtained a High Court order quashing the judge's refusal to recuse herself, citing remarks made in a 2015 case where the judge found a director guilty and imposed a suspended sentence, remarking that a genuine casino must have a licence. The Court of Appeal overturned the High Court's decision, remitted the matter to the District Court, and awarded legal costs against the company.

Who, what, where, when and why

What: Report matter: Judge's comments on casino not pejorative or prejudicial, court finds. Charges or matters: selling drink without a licence on November 28, 2015. Procedural stage: appeal

When:

Case subjects

Midnight Entertainment

Applicant

Charges: selling drink without a licence on November 28, 2015 (Alleged Or Contested)

Outcome: On that occasion, Judge Fahy found the director guilty, imposed a six month suspended prison sentence on him, and remarked that if the premises was a "genuine casino" it "must" have a liquor licence.

Places mentioned

Court Venue
  • Court of Appeal
  • High Court
  • Galway
  • Galway District Court
Secondary Mention

Topics

Stage Appeal

Related court reports

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