Posted: December 3 2009

The Voodoo nightclub in Donegal has avoided being shut down by court order for one week following the lodgement of an appeal by the owners J&S Black against the conviction.

Despite the owners defending the charge, a special sitting of Letterkenny District Court found the club guilty of allowing an excessively drunk person on the premises.

According to Sergeant Christopher Galligan, Letterkenny’s Lower Main Street club had a person on the premises in an extremely drunken state at around 1.40am on March 26th when he inspected the nightclub.

Judge Aeneas McCarthy convicted the club under the Intoxicating Liquor Act 2003 and ordered the owners to close the premises for seven days from 24th to 30th November. He also fined them €700.

However the stay of execution has since been granted pending the result of the appeal.

The club had had a previous conviction for the same offence dating back to last December.

A first offence under this legislation can close a premises for seven days while a second offence can see the premises closed for between seven and 30 days.

Under the Intoxicating Liquor Act 2003 publicans have a duty to ensure that customers are not a danger to themselves or others as a result of being sold too much drink.