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FURTHER prosecutions against owners of licensed premises across Clare over fire safety issues are pending according to Clare County Council.

The Council’s Director for the Environment, Ger Dollard said he “very much welcomed” last week’s fine of €1,500 on Ennis hotel nightclub, The Queens, for breaching fire regulations.

At Ennis Circuit Court last Wednesday, The Queen’s Hotel pleaded guilty to failing on December 19, 2004 to ensure that doors, gates and other-like barriers to access escape routes were not secured in such a manner that they could be easily and immediately opened by persons in the place of assembly.

Judge Carroll Moran said, “The inability of the people to escape is a serious matter and it is only weeks after the anniversary of the Stardust tragedy and that puts into context the seriousness of this matter.”

Clare’s Chief Fire Officer, Adrian Kelly told the court that a joint team of five fire officers and eight gardaí carried out an inspection while a disco was taking place.

“The nightclub is normally a well-run establishment. We had received complaints of overcrowding, but we found very little,” he said.

Chief Kelly said that in 30 years of operating the business, The Queen’s Hotel had no previous convictions. A follow-up inspection on December 20 found that all locks were removed and the doors were opened, while by the following Wednesday, a new exit was in place that would make the premises much safer. Michael Collins BL, defending, said the doors were temporarily locked to prevent people accessing the hotel from the disco for a late drink.

“The company accepts that the doors shouldn’t have been locked.

Fining the defendants €1,500, Judge Moran said that he had to take into account the significant factors that the hotel acted quickly to address the matter and they had no previous convictions in over 30 years in the business.

After the court hearing, Hotel General Manager Maurice Walsh said that the doors were closed ten minutes in advance of when they should be by human error and they were not a main exit.

“The door in question was manned and operational until ten minutes before closing. The directors of the hotel have strict policies in relation to fire safety and have provided and continue to provide on-going fire safety training for all staff.

“Since this event, extra exits have been installed and all systems audited to ensure a similar occurrence will not take place. We continue on a regular basis to work with the Fire Officer to ensure all systems are within best code of practise for such venues,” Mr Walsh concluded.

A COMPANY director who had been convicted in court over a claim for a windscreen has had the conviction overturned on appeal, at Ennis Circuit Court.

Justin Wall (46), of Western Garages, Mill Road, Ennis, had been convicted and fined €1,250 at Ennis District Court last October, after he was convicted of claiming for a damaged windscreen without the consent of the customer in question. On that occasion, the court was told he instructed another person to process a motor insurance claim without the consent of the insured person.

Agnes O’Loughlin of Glencurragh, Ballyvaughan told the Circuit Court last week that she traded in her car at Western Garages early in 2004.

There was a tiny mark on the windscreen after a chip had hit it some time previously, but she said she never discussed this with the garage. She received a letter from FBD Insurances in April 2004, advising her that her claim had been dealt with. This surprised her as she hadn’t made a claim. When she saw a copy of the claim she knew it was not her signature and said she hadn’t given anybody permission to forge her signature.

The court heard FBD Insurances paid a total of €224.15 for the replacement.

Paddy Kelly of Ennis Windscreen and Exhaust Centre who fitted a new windscreen, told the court, “I filled up the form. I signed Agnes O’Loughlin’s signature.”

He said he was not instructed by Justin Wall at any stage to forge Mrs O’Loughlin’s signature and said he did it “solely out of convenience.”

Justin Wall told the court the car would not have passed the NCT as there was a stone mark on the windscreen.

He said the issue had been a “huge embarrassment” and “a slur on our reputation”.

Defence Counsel, Pat Quinn said Mr Wall had been in business for the past 25 years and has never come to the adverse attention of gardaí.

“He honestly believed he had the authorisation of Mrs O’Loughlin to do what he did. . . he may be many things but he is not a criminal,” said Mr Quinn.

Judge Carroll Moran said it was accepted that Mrs O’Loughlin’s evidence was truthful and said it was “unwise for parties to forge her signature.”

He said a jury would unquestionably acquit Mr Wall and he allowed the appeal.

THE jobs of 110 people working at the Whelan Group’s flagship operation outside Ennis could be under threat following Clare County Council’s restriction of a multi-million euro expansion of the operation to a ten-year lifespan.

Last month, the planning authority granted Whelan Limestone Quarries permission to expand its Fountain operation, but refused planning for two sectors of the plan and ordered that the permission expire after 10 years.

However, in a comprehensive appeal against 12 conditions contained in the planning permission, the Whelan Group has stated that the 10-year restriction “could jeopardize the longterm employment of 110 people that depend on this quarry for their livelihood.”

The Whelan Group had sought permission to extend the life of the quarry by 26 years.

In its appeal, the group states that the 10-year approval “represents only one third of the rock reserves for which planning was sought and this will represent a very short life span of the quarry.” The restrictive conditions “could also endanger the long-term availability of rock aggregates . . . and this may result in the development of other greenfield sites as quarry operations instead of expanding the lifespan of well established quarry that has been in operation since the 1950s.”

They have also raised concerns about the council’s requirement that a separate planning permission be sought for the upgrading to the quarry on the Lahinch Road.

The council gave the go-ahead for much of the plan last month in spite of strong local opposition.

A decision is expected on the appeal in August of this year.

THE Urban and Village Renewal Schemes have brought confidence and viability to numerous communities across the county, according to Clare County Council.

The council this week released an update on its projects under the €2 million 2005 to 2006 scheme.

Six of the 13 projects are nearing completion. Work is to begin on three more shortly, with the remaining four described as “progressing” in 2006.

The enhancement of Knock Pier and park area, as well as the upgrading of the seaside amenity in Cappa, Kilrush is almost completed, according to council officials.

The enhancement of Shannon’s Corrib Drive and other parts of Drumgeely, the provisions of a playground and upgrading of the area around the community centre in Doolin, the development of an amenity scheme in Shannon Bank and the development of a river walk in O’Briensbridge, are also expected soon.

Work is about to commence on three key public sites in Clare. These are at Spanish Point, Allender’s Field in Kilkee and Clarecastle.

The UVR funding is also providing much needed improvements and environmental enhancement to the popular beach area of Spanish Point. In Clarecastle, a public park will be made out of a large area of unused land enclosed by the GAA ground, old and new housing, and the local primary school.

Throughout 2006, works will also be progressing in Kilfenora with the upgrading of the square. Environmental works to include landscaping, furniture and park upgrading will take place in Mountshannon. Environmental improvements in accordance with the community development plan, are scheduled for Tuamgraney. Shannon Town Roundabout will be upgraded with the incorporation of a newly commissioned sculpture.

THE Environmental Protection Agency (EPA) has told Clare County Council that the issue of odour management at its Inagh landfill “is of serious concern to the agency.”

The statement from the agency follows a plea to them from a young mother living in close proximity to the landfill, who said she was ‘praying’ that they could do something to address the odours from the landfill.

In a letter to EPA inspector, Dr Michael Henry, Edel Harvey of Carrowkeel West, Inagh said on Saturday, January 21, “we were stunk out of it all morning.

“This is a situation that we just cannot tolerate any longer. Something has to be done immediately. I have to protect the lives and health of my family.

“I am hoping and praying that you could do something, anything to allay this terrible disgusting situation that we find ourselves in.”

Since Ms Harvey contacted the EPA, the agency has held an on-site meeting and an inspection of the facility with both visits dominated by the odour issue.

Arising from the EPA’s most recent site inspection, the agency stated by letter to the council that “whilst no significant odours from the facility were detected during the off-site odour assessment, significant odours were detected on-site and these were predominantly of a landfill gas nature.”

The EPA opted not to issue the council with a notification of noncompliance.

However, it stated that “it is essential that additional measures are taken to ensure compliance with the conditions of the license with respect to odour management.”

Last month’s inspection followed an on-site meeting between the council and the EPA at the end of January.

Commenting on the situation, the Council’s Director for the Environment, Ger Dollard said: “I am satisfied that the facility is being run to the highest standards.

“We are continuously trying new approaches to resolve whatever issues are brought to our notice and this practice will continue.

“I think the high level of resources being applied to dealing with issues results in a constant focus on operating all activities to the highest standard. At the end of the day it is a landfill and there has to be an acceptance that it is there and that a landfill by its nature does have an impact.

“I believe that such impact has been minimal arising from the extent of resources applied by the council to the ongoing operation of the facility”.

THE MAYOR of Shannon has warned that the economic boost expected from the decentralisation of 300 civil servants to the town may never materialise.

Fine Gael councillor, Tony Mulcahy, was commenting on recent revelations that there have been just 19 applications to move to Shannon out of 300 needed.

And business leaders are expressing concern that there has been no progress in getting Government workers to shift out of Dublin.

“If the Minister thought that thousands of civil servants were going to pack their bags and move just because that was what he wanted, then he needs to come out of the fog,” said Councillor Mulcahy.

“If this were to happen, as a local representative, of course I would welcome it,” he said.

“But as a businessman, I wouldn’t bet on it happening.

“I had grave doubts about this proposal from the start.”

Cllr Mulcahy said that Beau Walk Developments, the company behind the revamping of Shannon Town Centre “thought they had a whole unit let to Enterprise Ireland, but that was pulled out from under them.”

Chief Executive Officer of Shannon Chamber of Commerce, Triona McInerney said that local business people were beginning to wonder if they would ever reap the benefits that an injection of 300 new workers would bring to the area, with a population of 8,500.

Taking into account the civil servants families, it would mean an increase of more than 1,000 people in the region.

Should the move fall through, the CEO said, “I think there would be huge disappointment here from the business community and the community at large.

A 19-year old Ennis man with 30 previous convictions is using his time in jail to try to clean up his act, a court heard.

Mark McCarthy of Millbrook House in Ennis pleaded guilty before Ennis District Court to stealing bottles of spirits worth a total of €110 from Knox’s bar on July 18 and 19 last.

The defendant’s solicitors, Ms Tara Godfrey, told Judge Mangan that McCarthy has had a serious drink problem since he was 15 years old.

When he stole the drink “he was on a binge drinking spree”, Ms Godfrey said.

But she added that he is currently serving a twelve-month jail sentence “and he is committed to using that time to wipe his slate clean.

“He is seeing a psychiatrist and he is using this time to get free of his addictions and get his health and his life back,” said Ms Godfrey.

The court heard that the stolen drinks were not recovered.

Judge Mangan sentenced McCarthy to a further two months in jail for the offences.

An O’Callaghan’s Mills widow is fighting off attempts by her sister-inlaw to have her evicted from family lands.

In a case to be heard at Ennis Circuit Court, Marie O’Halloran of Liscullaun, O’Callaghan’s Mills is to fight off a bid by Margaret-Josephine Barry (71) to have her lands at Liscullaun, O’Callaghan’s Mills.

The case was briefly heard before Judge Carroll Moran last week at Ennis Circuit Court.

The dispute arose after Mrs Barry, administrator of the estate of bachelor, Michael O’Halloran, sought possession of 65 acres of land and Marie O’Halloran’s departure, to allow the lands at O’Callaghan’s Mills and Tulla to be sold.

In an affidavit, Mrs Barry, of Bansha, Co. Tipperary, stated that her brother, Michael O’Halloran (64) died in April 2004 without making a will and as a result, his estate would be divided equally between herself, Michael’s other sister, Eda Rohan and the estate of Stanley O’Halloran.

Stanley O’Halloran (68) died in September 2004, survived by Marie O’Halloran who resides at the Liscullaun farm.

Mrs Barry believes that the best price will be achieved for the lands if they are vacant at the time of sale. She stated that she had been advised by her auctioneer that the continuing presence of the animals on the land was causing the land damage.

Mrs Barry said that there was simply no reason why Mrs O’Halloran should not vacate the land and was remaining there deliberately as a trespasser.

In a response affidavit, Mrs O’Halloran said that Mrs Barry’s claim was “erroneous” and did not take into account circumstances.

Instead, she has claimed, Michael and Stanley O’Halloran farmed the family farm – split into two units – very much as a team.

However, due to personal difficulties that Michael was encountering, around 1978, he agreed that he would sell his farm for £65,000 and the money would be paid by Stanley on a phased basis.

“Throughout the 1980s, numerous payments were made by Stanley to Michael in various large and small amounts and a number of large cheque amounts that I am presently in the process of seeking verification.

“Furthermore, both Stanley and myself helped Michael on a day-today basis, feeding him, doing his laundry and carrying out other personalised services in order to assist him and keep him out of institutionalised care,” the affidavit states.

Arising from drink-related problems, by the mid to late 1980s, Michael was incapable of running his own affairs and Stanley took over completely the running of both farms on his own.

Mrs O’Halloran said that Mrs Barry was seeking to sell the lands “completely contrary to our wishes and without any thought whatsoever to what occurred between the brothers and the deal that was done between them.”

After hearing a brief outline of the case, Judge Moran said that he would list the case at the first available date, allowing six weeks for discovery of documents.

FRAUD leads to economic chaos if it is left unchecked, a judge said, as he warned a man who admitted several offences that he would face jail if he re-offended.

Judge Carroll Moran was speaking at Ennis Circuit Court, in the case of Patrick McNamara (29), from Miltown Malbay, who currently lives at Lisdeen, Kilkee. He pleaded guilty to several charges on various dates in 2004.

McNamara, described by his barrister as “a rogue who wants to retire” was warned he was facing a possible three year sentence if he failed to keep out of trouble.

The court was told he used cheques and a credit card belonging to another person at a number of premises in Ennis, Newmarket and Ennistymon.

Garda Brian O’Donnell said the accused took a chequebook from a guesthouse in Ennis.

He admitted writing cheques and wrote the name of the woman who owned the chequebook on them. He signed his own name on the back of them.

He cashed several of the cheques at two premises in Ennis while he also used the woman’s credit card without her consent.

The garda said the total amount taken from the woman’s credit card and cheque accounts was in excess of €16,000, most of which had been paid back to her by her bank.

“The majority of times he was paying off bills and debts for other people. He benefited very little himself,” said the garda.

The accused paid back a loan for his brother and got new tyres fitted onto a friend’s car.

Gda Michael Burke said the accused obtained goods valued at €3,429 at a Newmarket-on-Fergus business, using his brother Brendan’s laser card, in July 2004.

He also used the laser card on four occasions in a business in Ennistymon in October 2004 and the transactions amounted to almost €500 in total.

The accused said the card had been given to him by his brother but his brother disputed this.

The court was told the accused had several previous convictions for a number of offences, including for false pretences and deception.

Defence Counsel Mark Nicholas said his client was a “black sheep, lonely character” has been ostracised from his family. He lived in squalor and never intended to take from individuals.

Judge Moran adjourned the case until July.

“I am thinking of a sentence of three years. Let’s see what happens in the meantime,” he said.

A KILKISHEN hurler and footballer was jailed for six months after being found with 240 ecstasy tablets in Ennis.

Kevin McMahon (25) of Plunkett Drive pleaded guilty to having the tablets when stopped by Garda Stephen Hession on July 8 last at Knox’s Lane.

His solicitor told Ennis District Court that McMahon was “not actively dealing.

He was offered an opportunity to earn some extra money by carrying these drugs for one person and delivering them to another and foolishly, he agreed to do it.”

The solicitor said his client was actively involved in soccer and hurling and he holds a full-time job as a roofer.

“He is someone who has roots in the community and is actively involved in his community.

“He has never been involved in anything like this before and deeply regrets having done this,” the solicitor said.

Inspector Tom Kennedy told Judge Joseph Mangan that the accused man had previous convictions for public order, but no previous convictions in relation to drugs.

Judge Mangan imposed a six month jail sentence on the Kilkishen man and set bail for an appeal at McMahon’s own bond of €3,000 with an independent surety of €3,000 and a cash lodgement of €3,000.