GARDAÍ WILL have to give notice of warrants to search the premises, a High Court judge has ruled after an action by a company operating a bingo hall in Cork city.
Earlier this week gardaí raided the premises of 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.
Omega Leisure has secured a temporary injunction restraining Garda Supt Charles Barry, the Garda Commissioner and the State from interference with its licensed activities.
The company brought proceedings after bingo books and other documents were seized by gardaí from the premises at Deanrock, Togher, last Tuesday after a warrant was obtained from a District Court earlier.
The company claimed the seizures preventing the first of a series of planned bingo sessions proceeding.
It claimed Supt Barry, who is based in Togher, is operating a “systematic policy” of ensuring gambling did not take place in his area.
Yesterday, Mr Justice Roderick Murphy, in adjourning the action, agreed to list it before the High Court in Cork on November 21st. If the State wished to seek warrants in the District Court against the company, that must be done on 24 hours’ notice to the company, he directed.
Earlier, Tim O’Leary SC, for the State, had expressed concern the injunction would interfere with the Garda’s ability to carry out its duties under the 1956 Act.
The order represented an “extreme civil interference” with the ability of the Garda to exercise their statutory powers, he said.
Constance Cassidy SC, for Omega, said her client was operating under a valid lottery licence and feared for its business and reputation if the injunction was discharged by the court.
On the basis of claims of an unlawful lottery, bingo books and other materials were seized.
The bingo game was unable to proceed, patrons had to be turned away and there was concern this might happen again, Ms Cassidy told the court during that hearing.
The company, the court heard, had spent €750,000 fitting out the 1,000-seater hall and had planned to run bingo games five nights a week, with the first game intended for Tuesday last.
The company says it is entitled to run bingo games for charities which have been issued lottery licences 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, Omega Leisure will run bingo games for the charity and will be entitled to a maximum 40 per cent of the proceeds.