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Dalkey café bar temporarily closed by judge over fire safety concerns

They relate to a wooden gazebo built outside the premises.

THE TRAMYARD CAFÉ Bar Restaurant in Dalkey Village has been closed down by order of the High Court until it complies with fire safety regulations.

Bank appointed receiver Ken Fennell, of Deloitte, today was granted a temporary High Court injunction directing David Coulson, operator of the café bar and restaurant, to pull down the shutters.

Coulson now has to comply with an enforcement order issued by Dun Laoghaire Rathdown (DLR) County Council earlier this month directing that the premises close on grounds of fire safety. It led to cancellation of the Dalkey Lobster Festival.

Barrister Stephen B Byrne, counsel for the receiver, told Mr Justice tony O’Connor that the closure was primarily being brought because of “serious concerns” about public safety as well as preserving the value of the building.

Mr Byrne said Mr Fennell had only days ago become aware of the fire safety concerns and the issuing of the enforcement notice on 18 August last.

He said the fire safety concerns, first reported to DLR County Council by a senior garda, related to a wooden gazebo built outside the premises.

Enforcement

Mr Byrne said that despite the local authority’s decision to issue an enforcement notice ordering the closure until safe safety regulations had been complied with, the restaurant café continued to trade.

He said the planned Lobster Festival had been cancelled after Mr Cloulson had been informed in writing of the County Council’s concerns.

Mr Byrne told the court that failure to comply with an enforcement order amounted to a criminal offence and Mr Fennell had no option other than to bring High Court proceedings.

The court heard Coulson operates the Tramyard on a purported lease. The premises, currently up for sale, is owned by another party and had been put up as security for loans provided by Ulster Bank.

Mr Fennell had been appointed Receiver last year by financial fund Promontoria (Ltd) which had acquired the loans from Ulster Bank.

Judge O’Connor, granting the injunction on an ex-parte basis, he particularly noted the evidence in relation to fire safety concerns.

The Judge adjourned the matter to next week.

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25 Comments
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    Mute Majella Beattie
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    Sep 9th 2024, 8:23 AM

    There needs to be an appropriate oversight/ complaints system in place for community palliative care. Whilst most have a good & caring experience that supports the dying person & leads to a healthy grieving process, not everyone has this & when it goes wrong, there should be someone to contact to address it immediately. Otherwise, it leaves many broken bereaved family members in its wake.

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    Mute Colette Byrne
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    Sep 9th 2024, 9:31 AM

    @Majella Beattie: agree with you wholeheartedly.

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    Mute thomas molloy
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    Sep 9th 2024, 8:41 AM

    The palliative care teams I have seen are all heroes.

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    Mute smatrix mantra
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    Sep 9th 2024, 9:27 AM

    Absolute heros! And they need good support as well, and the recognition from society. “Palliative care” should not make people “fearful”. Affected individuals usually appreciate the support, whereas unaffected people shy away from the topic. Some may not have any spiritual understanding (despite their religion they may or may not have) or just sweep it under the carpet. Death is the only certainty in life. One can ignore it or be fearful, but it’s to be faced.

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    Mute Jimmy The Mink
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    Sep 9th 2024, 8:59 AM

    I think most of us think it’s “the end” when we hear palliative care

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    Mute RIP
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    Sep 9th 2024, 8:43 AM

    Had it mentioned in relation to a family member recently, and our reaction was fearful that yes, this is the end until explained that that may not be the case. There is an urgent need for education here as I think most would be of the opinion that it is end of life care

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    Mute Dramafree 2023
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    Sep 9th 2024, 9:45 AM

    Surprised it is only half. While not everyone under palliative care is end of life, everyone referred there is very unwell. Of course there is a negative association with it.

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    Mute reg morrisey
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    Sep 9th 2024, 9:17 AM

    Why don’t they just change the name of the group of people that specifically deal with end of life care. The words “Palliative care” sends shivers up and down every spine. You’re not going to change that.

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