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RAI Court Challenge To Distinctions Between Indoor Dining In Non-Hotel Restaurants And Indoor Dining In Hotels Adjourned Until October

Published on Jul 23 2021 1:00 PM in Restaurant tagged: Trending Posts / Restaurants Association of Ireland / RAI

RAI Court Challenge To Distinctions Between Indoor Dining In Non-Hotel Restaurants And Indoor Dining In Hotels Adjourned Until October

A court challenge by the Restaurants Association of Ireland (RAI) and three hospitality businesses to the distinctions between indoor dining in non-hotel restaurants and indoor dining in hotels has been adjourned at the High Court until October.

Last month, the RAI said that it had applied to the High Court to seek leave to challenge distinctions made between indoor dining in non-hotel commercial restaurants and indoor dining within hotels.

The action was initiated by the RAI, Boxty House Ltd, which is a restaurant operator of Temple Bar, Dublin 2, Esquires Coffee Houses Ltd, which operates cafés and has registered offices at Ballybrit, Galway, and Sarsfield Taverns Ltd, which operates a pub/restaurant and has registered offices at Mallow Street, Limerick.

The issue was subsequently adjourned by the High Court to July 22.

According to The Irish Times at the time of the adjournment to July 22, RAI chief executive Adrian Cummins said in an affidavit that the RAI's members have been "greatly disadvantaged and are incurring major economic loss by reason of the irrational regulations", and that he believes, and was advised, that the Minister for Health acted outside his powers in making regulations which, as they apply to restaurant and dining services since June 2, are "irrational, discriminatory, disproportionate, impossible to implement, lacing in certainty and lacking in substantive fairness".

New Adjournment

As reported by The Irish Times, the issue has now been adjourned by Mr. Justice Anthony Barr, who granted the adjournment on consent of the sides when the matter was briefly mentioned in court on Thursday July 22.

Michael McDowell SC, with Arthur Griffin, instructed by solicitor Georgina Robinson, reportedly said that, arising from new legalisation concerning indoor hospitality services, it is not clear what the remaining issues in the proceedings will be.

In the circumstances, the sides reportedly agreed to the matter being adjourned for mention to October and that any hearing that proceeds will be a telescoped hearing, involving a merger of the application for leave to bring the judicial review proceedings and the hearing itself.

Caren Geoghegan, for the respondents, reportedly consented to the adjournment.

© 2021 Hospitality Ireland – your source for the latest industry news. Article by Dave Simpson. Click subscribe to sign up for the Hospitality Ireland print edition.

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