Bingo firm wins court order after Garda raid

A COMPANY operating a bingo hall in Cork has secured a temporary High Court order restraining interference with its activities after bingo books were seized by gardaí earlier this week, preventing a bingo session proceeding.

Omega Leisure Ltd, trading as Rock Bingo Club, which says it is operating as an agent for a hospital charity under a valid lottery licence, claims Garda Supt Charles Barry, based in Togher, Cork city, is operating a “systematic policy” of ensuring gambling does not take place in his area.

Supt Barry had inspected the bingo hall at Deanrock, Togher, on Monday and, the following day, obtained a District Court warrant under which he went with gardaí to the premises half an hour before the bingo was due to start, Mr Justice Iarfhlaith O’Neill was told yesterday.

On the basis of claims of an unlawful lottery, bingo books and other materials were seized, the game could not proceed, patrons had to be turned away and there was concern this might happen again, said Constance Cassidy SC, for Omega Leisure Ltd.

The company had spent €750,000 fitting out the 1,000-seater hall and planned to run bingo games five nights a week, with the first game intended for Tuesday last.

The company initiated proceedings against Supt Barry, the Garda Commissioner and the State, and Mr Justice O’Neill yesterday granted it an interim order, returnable to Friday next, restraining interference with its licensed activities.

While assurances had been provided on behalf of the defendants to the High Court at a hearing last Saturday, it appeared Supt Barry was “sidestepping” those and had taken matters into his own hands, counsel said.

Her client would be seeking a court declaration that its activity is lawful, as Supt Barry appeared to believe a lottery licence required the applicant to carry on trade at the premises in question when that was not the case, counsel said.

The company says it is entitled to run bingo games for charities which have been issued a lottery licence for the relevant district. It says it entered an agency agreement on October 12th last with the Mercy Hospital Foundation, a charity which raises money for the Mercy University Hospital, Cork.

Under that agreement, the company will run bingo games for the charity and is entitled to a maximum 40 per cent of the proceeds.

In an affidavit, James Barber, a director of the company, said the business model of the company was recognised in the Department of Finance’s charitable Lotteries Fund Scheme, was lawful and complied with all legal requirements under the Gaming and Lotteries Act, 1956.

He said Supt Barry, during an appeal of a gaming licence application before Cork Circuit Court on October 17th last, had said gambling led to an increase in crime, family breakdown and suicide and he intended to oppose all new gaming establishments in his area.

Supt Barry had objected to lottery licence applications for charities that were in negotiations with Omega to enter into agency agreements, Mr Barber said. Those charities were Cork Penny Dinners, Harlequins Hockey Club and St Augustine Global Foundation. Other charities – St Luke’s Home, the Church of Ireland Hockey Club and Marymount Hospice – all withdrew from negotiations with Omega after being contacted by Supt Barry, he added.