Injunction issued against 'head shop'

The High Court has granted a temporary injunction restraining a premises in Clontarf being operated as a “head shop”.

Mr Justice Roderick Murphy today granted the interim order, returnable to Thursday, to Patrick and Alice Lynch, owners of the ground floor premises at 53 Clontarf Road. The order is against Jeffrey Carey, the tenant of the premises.

The order restrains Mr Carey carrying on any business on the premises other than a florist/gift shop and also restrains him doing anything which would make the insurance on the premises void or voidable.

The order was sought by Brendan Watchorn, for the owners, who said they are very concerned the use of the premises as a florist/gift shop has been changed and it is being operated as a head shop selling controversial substances.

Counsel referred to protests outside the premises last Saturday and said local community groups were gravely concerned. His clients had bought the property as an investment property, it was previously a hairdressers and they had given their consent to have it converted to a florist/gift shop, he said.

Without any warning or consent, the use of the premises had been changed and it became a media issue last Friday when there were phone calls to a certain RTÉ radio station that encourages people to phone in, counsel said.

It was only then his clients became aware the shop had been converted into a “head shop” and there was a history of these shops being burned down, counsel said. Windows had been damaged at his clients’ shop.

Mr Watchorn said his clients had also been informed its insurers would not maintain insurance for a headshop because it was completely different from a florist/gift shop. His clients had a premises which was highly exposed and no longer covered by insurance. If anything happened to the shop within the next 24 hours, there was no insurance and this would be a “a catastrophe” for his clients as the premises was effectively their pension scheme and they would be left without income.

Counsel added the Lynchs’ live in Clontarf and had no wish to add to the distress of parents in the area.

The Lynch’s, with an address at Seapark Road, Clontarf, claim the user clause for the premises had been amended about December 2007 to allow the tenant trade in the premises as a florist/gift shop.

They claim they had in April 2008 agreed in the assignment of the lessee’s interest in the premises to Mr Carey but the use of the premises has now been changed in breach of covenant. They claim the lease requires nothing be done on the premises which may be a nuisance or cause annoyance, disturbance or inconvenience to others.