High Court orders Tramyard Cafe in Dalkey to close

The Tramyard Cafe in Dalkey village has been closed by order of the High Court until it complies with fire-safety regulations.

Bank-appointed receiver Ken Fennell, of Deloitte, was on Wednesday granted a temporary High Court injunction directing David Coulson, operator of the cafe, bar and restaurant, to close.

Mr Coulson now has to comply with an enforcement order issued by Dún Laoghaire-Rathdown County Council last month, directing that the premises close on grounds of fire safety. That order led to the cancellation of the Dalkey Lobster Festival.

Stephen B Byrne, counsel for the receiver, told Mr Justice Tony O’Connor that the closure was primarily being brought about because of “serious concerns” about public safety as well as preserving the value of the building.

Mr Byrne said Mr Fennell had only days ago become aware of the fire-safety concerns and the issuing of the enforcement notice on August l8th. He said concerns related to a wooden gazebo built outside the premises.

Mr Byrne said that despite the local authority’s enforcement notice, the cafe had continued to trade. He told the court that failure to comply with such an order amounted to a criminal offence and that Mr Fennell had no option other but to bring High Court proceedings.

The court heard that Mr Coulson operates the Tramyard on a purported lease. The premises, currently up for sale, are owned by another party and had been put up as security for loans provided by Ulster Bank.

Mr Fennell had been appointed receiver last year by financial fund Promontoria, which had acquired the loans from Ulster Bank.

Judge O’Connor granted the injunction on an ex-parte basisand adjourned the matter to next week.