NIGHTCLUB owners who fail to take proper precautions in their premises cannot be prosecuted under criminal legislation unless an outbreak of fire has occurred.
The anomaly in existing legislation came to light during the prosecution of Mr Eric Treacy, owner of Elroys Nightclub, Cork, in the Cork Circuit Criminal Court yesterday. He pleaded not guilty to a charge of contravening Section 18 of the Fire Services Act, 1981, on May 14th, 1995, and opted for trial by jury.
Mr Hugh Sheehan (instructed by Mr Eugene Carey, solicitor) argued the Act was defective in that it stated that the accused man had failed to take all reasonable measures to guard against the outbreak of fire on his premises, and to ensure as far as reasonably practical "the safety of persons on his premises in the event of an outbreak of fire".
The State had failed to bring in appropriate amending legislation to rectify this anomaly.
Mr Carey said after the hearing that it appeared nightclub owners cannot be charged with overcrowding or with contravening the fire regulations under present legislation.
The prosecution alleged Mr Treacy had exceeded by 150 the recommended number of patrons.