This article is from page 32 of the 2007-07-10 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 32 JPG
THE importance of keeping water- ways clear was stressed by a judge when he fined a publican who plead- ed guilty to discharging effluent into waters.
The proprietor of O’Connor’s pub in Doolin, Patrick Sexton, pleaded guilty to one charge arising out of an inspection by Clare County Council on August 11, 2005.
Karen Hayes, from Clare County Council’s Environmental Depart- ment, said she visited O’Connor’s pub as part of routine monitoring.
She told Ennis Circuit Court that she took an effluent sample and analysed it. The results showed that BOD, a measure of the oxygen used by microorganisms to decompose, was six times over the licensed limit, while the level of suspended sol- ids exceeded the legal limit by four
Wb Seley
Counsel for the accused said there was no “deliberate breach on my cli- ent’s behalf.”
Ms Hayes accepted this, saying, ‘He didn’t physically put the effluent in there.”
The court was told that the accused had three previous convictions un- der the same legislation, in 2001, 2003 and 2004.
Ms Hayes said that the prosecution
was mounted in the District Court, where jurisdiction had been declined and costs amounting to more than €2,500 had arisen.
“It is my opinion it could have been dealt with in the District Court,’ said Ms Hayes.
She said that since the proceedings were initiated, Mr Sexton had put in a lot of work to rectify the situation and was now meeting the require- ments.
His counsel said, “Since the date of this offence there have been no fur- ther difficulties.”
Judge Sean O Donnabhain pointed out that this was a fourth conviction.
‘Publicans are like everybody else. Reality sometimes only dawns when it gets caustic. We are all increasing- ly conscious of how important it is to keep waterways clear,” he said while imposing a fine of €2,500. He also ordered that accused pay costs.