A BELLEEK pub and restaurant is to be closed for three weeks after its owners were convicted of allowing alcohol to be sold and consumed outside of the permitted hours.

Joint-licensees, James Gormley (56) and his wife Mary Bridgit (56), both of Boa Island Road, Belleek, and employee Natasha Griffith (32), of Main Street, Belleek, were all charged with selling intoxicating liquor outside hours, and also permitting its consumption, at the Black Cat Cove Bar on March 16 this year.

The trio denied the charges against them, but were found guilty after a contested hearing before Fermanagh Magistrates Court on Monday afternoon.

The prosecution case was based on the evidence of two police officers who had attended the premises on the morning of the day in question. Taking to the witness stand in turn, the two officers outlined how they came upon the pub with its door open while they were on patrol in Belleek at around 9.45am. When they entered, the officers saw three men inside the premises, all with drinks in front of them.

One of the officers outlined how she then walked on through the bar and found a woman tidying up. This woman identified herself as Natasha Griffith and confirmed that she was in charge, but not the licence holder.

The police woman told the court that, during a notebook interview, Griffith said that she had opened the door of the pub at 9.30am to “let air in”. During the interview, the defendant stated that she had served the three men wine, vodka and lemonade, but that they had hadn’t paid yet.

The PSNI officer said that the three customers in the bar had stated that they were there for breakfast, but she told the court that there had been “nothing happening” in the kitchen.

After informing Griffith that she would be reporting the matter to the Public Prosecution Service (PPS), the policewoman spoke to both James and Mary Gormley several weeks later.

When he was cautioned with the offences, James Gormley told the police officer that his employee had “panicked” when the police came in as there had still been bottles from the night before on the tables of the bar.

The licence holder further stated to the PSNI that Griffith had told them she had served the men drink when she hadn’t.

Meanwhile, in his evidence, the other police officer, who interviewed the three men in the pub, told the court that all of these customers had confirmed that they were drinking vodka. He added that there was no food or cutlery in front of them, and there was no sign of any food sitting out in the kitchen.

When Natasha Griffith was called to give evidence, she told the court that she had got a “shock” when she saw the police. Despite what she had told the officer during the notebook interview, the defendant denied serving any drinks to the men when she was questioned in the witness stand.

During cross-examination, she strongly rejected prosecution claims that she was not telling the truth.

The prosecutor said: “Do you accept you are a liar?” Griffith replied: “No, I am not.” Pressing her further, the prosecutor asked: “Is it the case that you were telling the truth and today you’re telling lies?” However, the defendant insisted she had acted out of “pure panic”.

One of the three men who had been in the bar was also called as a defence witness. He told the court that, on the day in question, they had all brought soft drinks into the premises.

Contradicting the earlier evidence from the police officer, the man said he did not accept that he had been drinking vodka.

The witness told the court that, on that particular morning, all three men had brought soft drinks in to the premises. He added that they had been planning on going to see a car after their breakfast, but didn’t get to it in the end due to “all the commotion”.

Dismissing his account as “all a bit vague”, the prosecutor said that the reality was that he was on good terms with the licensees.

“You were in for an early morning drink and now here we are,” the PPS representative stated, to which the witness responded: “It may be vague to you, but it’s not vague to me.” After the prosecution and defence cases had been heard, district judge, Nigel Broderick, observed that it came down to a question of credibility.

Following a short summary of the events, the judge told the court that he didn’t believe Natasha Griffith’s account that she had panicked. He added that he found the customer’s claim that he “just happened” to bring in a soft drink to be “beyond credibility”.

Convicting all three defendants accordingly, Mr Broderick revealed that, while Griffith had a clear record, the Gormleys had a number of previous entries, the most recent being from October last year. He added that they had five existing penalty points on their licence as a result.

After the judge observed that once 10 points was reached he could impose a suspension of the licence of between seven days and three months, defending counsel Craig Patton asked for sentencing to be adjourned to allow his clients to get their affairs in order.

However, Mr Broderick replied that the licence would not have to be suspended for another 14 days.

In mitigation, Mr Patton told the court that his clients could not shy away from their poor record, adding: “Unfortunately, some country practices still go on.” The barrister said that, with the Hotel Carlton currently closed, the Black Cat Cove Bar was the only premises in Belleek that served food, describing it as a “busy bar and useful to the local community”.

He said that the defendants appreciated that the rules had been flouted, but added that there was “very little profit in it” at the present time.

Despite Mr Patton’s submissions, the judge said that the actions of the defendants had not been fair to other licensees that abide by the law. He also said that they had been convicted after contest and had lost any credit as a result.

Reflecting Griffith’s “limited” income, Mr Broderick fined her a total of £200 and ordered her to pay a £15 offender levy.

In relation to the two licensees, the judge said it was a “different matter”. James Gormley and his wife were each ordered to pay fines totalling £1,000 and a £15 offender levy.

Adding another five penalty points to their licence, Mr Broderick ordered it to be suspended for a total of three weeks. The couple must surrender the licence to the court within 14 days.