The Berlin D2 bar in Dublin has been refused a licence to operate.
A judge says that there was "no alternative" but to refuse the renewal of its operating licences due to a "boozy brunch" that went viral on social media.
Footage of customers and staff flouting COVID-19 regulations was posted online after the event on August 15th.
One masked staff member danced on the bar as he poured shots into dancing customers’ mouths during the controversial bar brunch.
Delivering her ruling at Dublin District Court today, Judge Marie Quirke ruled that it was necessary to refuse the renewal of the bar's restaurant, theatre, dance, public music and singing licences.
Judge Quirke gave a scathing criticism of the running of the venue.
She held that the event was clearly in breach of public health guidelines necessitated by the covid-19 pandemic. She outlined a series of issues about how the bar was ran during and after the event.
Management and systems in place were not fit for purpose.
The bar admitted the breaches.
There was no system to prevent intermingling.
Masks were not worn uniformly by staff.
Social distancing was not in place.
Drinks were served from the counter and not at tables.
She said: “This court finds the conduct neglectful, irresponsible, disorderly, indifferent to the guidelines and constituted mismanagement of the venue".
She noted that two directors did not make themselves available to gardai, however, a shareholder, Jay Bourke, and a manager did meet with gardai and provided their CCTV footage. There was full co-operation, she remarked.
Afterwards the venue expressed remorse in an apology put on the front window saying “sorry, we messed up”. There was a stated commitment to redress the breaches that had occurred.
However, two undercover customs officers went to check compliance at the venue on Sept. 10 last.
At first, they found the premises was following regulations, but when their 105 minute limit had been reached a waitress and a manager on their own initiative proposed that if they so desired they could remain for a further 105 minutes. A new till receipt could be used.
This evidence was not contradicted, Judge Quirke noted.
“In fact, I find the applicant, in full knowledge, had the intention to breach the guidelines and mislead authorities, and had a scheme in place for that intention. This was despite the outcry over the Aug. 15 event,” she said.
This, she said, aggravated and compounded the breaches.
The bar’s statement of remorse was not born out by its actions and in fact disproved commitment for proper management and orderly compliance.
She said that it was necessary to refuse the application to renew the bar’s licences and there was no alternative available.
