A Dublin restaurateur, Basil Whelan, was forced to close his pizzeria, Basil Pizza of Ringsend Road, after failing to comply with a 2018 enforcement notice from Dublin City Council (DCC). He was convicted at Dublin District Court and ordered to pay €9,400 in legal costs and fines.
A Dublin restaurateur has been left with a hefty €9,400 legal bill after being forced to close his pizzeria. Basil Whelan, who operated Basil Pizza of Ringsend Road, was prosecuted by Dublin City Council (DCC) for failing to comply with a 2018 enforcement notice regarding his gable end pizzeria. Whelan was convicted at Dublin District Court for an offence under Section 154 of the Planning and Development Act, 2000, for not taking the steps outlined by the council.
Initially, the court imposed a €500 fine and ordered Whelan to pay €6,604 in costs, with a deadline of three months to comply with the original enforcement notice. The council demanded the cessation of using the ground floor of his property, 95 Ringsend Road, Dublin 4, as a restaurant with takeaway service. This included the closure of the open area to the front and side, along with the removal of outdoor tables, seating, fixtures, fittings, and perimeter fencing. Whelan initially agreed to the council's request and ceased using the pizza restaurant. However, when the case resumed in November, DCC's solicitor, Michael Quinlan, informed the court that significant costs remained outstanding, having increased by €2,805. Whelan explained that his business had closed, impacting his income. He further disclosed that he had recently incurred expenses covering his brother and former business partner's funeral costs. Despite having business insurance, he believed he wouldn't be able to claim for the legal costs due to his non-compliance with the council. He also stated that he was unable to sell the lease agreement for the property.Judge Anthony Halpin, while unable to adjust the amount owed, granted Whelan time to pay. The case was adjourned for five months to monitor the progress of the costs payment. Judge Halpin encouraged Whelan to do his best to meet his financial obligations
PLANNING LAWS LEGAL COSTS BUSINESS CLOSURE PIZZERIA DUBLIN
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