A LEIXLIP hotelier has had his alcoholic drinks and dance licence renewed after a District Court judge found that his company had been "a victim of persecution" by commercial rivals and a local resident.
Luke Moriarty, a Fianna Fáil candidate in last year's Dáil and Seanad elections, was told by Judge Cormac Dunne that he was being "persecuted, not prosecuted" by objectors.
Judge Dunne dismissed the objections made by the owners of six other licensed premises in the town and by a former chairman of Leixlip Town Council, John Colgan. "It's time to pull the hatch down and get on with life," the judge told the objectors.
Costs of more than €35,000 were awarded to Mr Moriarty's company, Moriarty Investments, which runs the Courtyard Hotel.
During yesterday's hearing, Ercus Stewart SC, for Moriarty Investments, recalled that at a previous licensing hearing, evidence had been given that Mr Colgan paid a local woman €200 to ask to be served drink illegally outside licensing hours in the hotel.
It was also stated a man has been charged with perjury after he gave sworn evidence during earlier court objections in 2006 that he had purchased drink in the courtyard outside the hotel. Gardaí were called in when Mr Moriarty subsequently analysed CCTV recordings and found no evidence to support the claim.
Judge Dunne said it was significant that there was no objection by the Garda or the local authority to Mr Moriarty's operation of the premises nor were there any enforcement proceedings against him.
Constance Cassidy SC, for Hannigan Holdings, Leixlip Taverns and Bunker Estates, argued that the first floor of Mr Moriarty's hotel had planning permission for use as a private bar only. Kildare County Council found last year that a change to public use breached the original planning permission.
She asked if the hotel's insurers had been put on notice about this unauthorised use and whether they would be able to repudiate liability in the event of something happening.
Mr Colgan objected to the use of the residents' lounge by anyone not staying in the hotel and also to the provision of furniture for drinkers in the courtyard.
Mr Stewart said Mr Moriarty had been the subject of numerous objections over the years, yet none of the State bodies was dissatisfied with the way the hotel was run. He accused the objectors of failing to honour an agreement reached at an earlier court hearing that should have brought the matter to an end.
Mr Moriarty said he was pleased with the court's decision. "This has been 10 years of total hell. It has consumed so much of our time."
The three objecting companies are expected to appeal. Mr Colgan said he would not be appealing.
