The laws relating to a publican's rights to serve drink or refuse drink to people entering a premises were described as "farcical" yesterday by a District Court judge.
Judge Flann Brennan said if a licensed vintner wrongly refused someone a drink in their premises they could be in trouble, while on the other hand if they did serve drink to the wrong person they could also be in trouble.
He said it should be realised that publicans were not running a public service but were operating their own private establishments and, as such, they should have a right to admit whomsoever they decided to serve.
"However, as the situation stands, which I personally think is farcical, if someone is refused admission to a pub they can go to the Equality Commission and make a complaint."
Judge Brennan thought this was entirely wrong.
He felt there should be a much more common-sense approach by society to this issue.
He said he had sympathy for publicans found to be in breach of the Act because of the onus upon them, under the existing legislation, to serve customers.
The judge's criticism of the legislation came at Carrickmacross District Court when dealing with prosecutions relating to drink being served to under-age persons.