The Silk Road Café and its landlord, the Chester Beatty Library, have agreed to have an arbitrator decide if the cafe has a lease or simply a licence to run its business in Dublin Castle, a judge heard on Monday.
Barrister Liosa Beechinor, counsel for the landlord, told Judge James O’Donohoe in the Circuit Civil Court that it had been agreed between the parties that if the arbitrator decided the cafe was entitled to a lease, the terms of the lease would then be determined by the Circuit Court.
Beechinor, who appeared with Arthur Cox Solicitors, said a full court hearing to decide issues, including continuing injunction relief for the cafe owner, Hannah’s Coffee Shop Limited, had been listed for July 30th but it may become unnecessary depending on the outcome of the arbitration which would be dealt with before that date.
Barrister Hugh O’Flaherty, who appeared with M E Hanahoe Solicitors for the cafe owner, told O’Donohue that an undertaking by the landlord not to interfere with the access and running of the restaurant pending further court order would remain in place.
READ MORE
Beechinor said that although Chester Beatty Library remained closed, the Silk Road Café continued to operate from a window or hatch for its customers with security clearance who worked within the confines of Dublin Castle, in lockdown for the duration of Ireland’s EU presidency until December 31st.
Beechinor had earlier told O’Donohoe that the application for an interim injunction had been issued in breach of an arbitration clause in the licensing agreement with the Silk Road Café owners.
O’Flaherty told O’Donohoe that the proceedings were only in for mention on Monday and the court would be kept fully informed with regard to the situation as it may apply to as to the cancellation or otherwise of the July 30th hearing date.
The court had earlier heard that the Office of Public Works, which operates Dublin Castle, had no objection to the cafe remaining open for the duration of the EU presidency providing all staff passed garda accreditation.
A large number of Revenue and other government staff continue to work there, many of whom use the cafe’s catering facilities.
The arbitrator will be asked to decide if the cafe owner has a five-year licence agreement or a tenancy agreement. O’Donohoe directed that the parties keep the court up to date on the outcome of the arbitration to avoid any loss of court time.
