Judge Tim Lucey granted the licence stating it seemed to be a bona fide, professionally run restaurant and that it was for the gardaí to deal with the public disorder.
Inspector John Deasy described Winthrop Street as a public disorder hotspot with incidents observed by gardaí and reported by business people in the area to meetings at the joint policing forum. He said there were frequent incidents of public disorder and also some incidents of drug use and drug dealing on Winthrop Street.
Insp Deasy testified that the new premises was proposing to get a wine licence and then to make a further application, if successful, for a beer licence.
Andrew Maxwell, a director of Boojum at 7 Winthrop Street, said they had been operating for the past four weeks at the premises where Gino’s Pizzas operated for many years. Mr Maxwell told his barrister, Dorothy Collins, that between Dublin, Belfast, Galway and Cork they had eight premises and that this one had 40 seats and operated as a restaurant. He said there were no problems with their sale of beer with food in other outlets around the country.
Insp Deasy expressed the concern that patrons would carry bottles of beer on to the street. Mr Maxwell that staff were fully trained and that if security became an issue this would be addressed.
Judge Lucey granted Boojum the wine on-licence and said the sale of beer would have to be the subject of another application.
The judge said: “It is hard to blame someone setting up in business for public disorder. It is hard to see why they should be saddled with the public disorder.
“Winthrop Street is a vital link between Patrick Street and South Mall and Oliver Plunkett Street. This is one of the main little streets in the city. It is a vital artery in the city. If gardaí cannot stop drug dealing on Winthrop Street we might as well pack it in. It is up to the gardaí to prevent drug dealing.
“Let them do their job and let everyone else do their job. This is a vital part of the city. We cannot have that as a grounds of objection. If I was the gardaí I would be asking the question, why are you not stopping drug dealing on the street? I am sorry to have to say that.
“I don’t think it should be put on a new person coming in, to stop them trading. I don’t see the logic there, I don’t go with it.
“I am not criticising the gardaí, quite the opposite. They have done their duty (in objecting to the application). They have done it well. But I am going to grant the applicant his licence. I strike out the objection.”
