Courts / Galway / Report
Judge's comments on casino not pejorative or prejudicial, court finds
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:
- November 28, 2015 Hearing Or Sentence
- 2020-03-02 Publication
Case subjects
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 of Appeal
- High Court
- Galway
- Galway District Court
Topics
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