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Taoiseach Leo Varadkar speaking in the Dáil chamber this afternoon Oireachtas TV

'Two or three glasses is not against the law': It's not illegal to drink in public places, Taoiseach tells Dáil

However, bye-laws prohibit the activity in many parts of the country.

TAOISEACH LEO VARADKAR has told the Dáil it is his understanding that it is not against the law to drink alcohol in public places. 

Varadkar was responding to a question from Independent TD Michael Healy Rae regarding the reopening of cafes and restaurants and the consumption of alcohol outdoors.

The Taoiseach said: “My understanding is that it’s not against the law. There may be bye-laws in certain counties and certain city areas, but in terms of national law drinking alcohol in a public place in Ireland is not illegal.

“Being drunk and disorderly is, that’s an entirely different thing, but just having the one pint, perhaps, or two or three glasses is not against the law.” 

As Varadkar alluded to, bye-laws do actually forbid the consumption of any alcohol across many of the places that have become popular drinking haunts during the coronavirus pandemic.

In Dublin city, drinking “any liquid containing alcohol” is banned in any place that the public has access to. The bye-laws specifically mention that it is banned in parks, beaches, green spaces, canals and riverbanks.

Similarly comprehensive bye-laws forbid drinking in many other cities and towns including Galway and Limerick.

The Criminal Justice (Public Order) Act 1994 outlines that it is an offence for a person to be so drunk in a public place that they could reasonably be presumed to be a danger to themselves or to anyone around them. 

If found guilty of this offence, a person could be liable to a class E fine and a member of An Garda Síochána can confiscate any alcohol the person may be carrying. 

It is also illegal for a licence holder to sell alcohol in a closed container, such as a can or bottle, for consumption off the premises in a place 100 metres from the premises. If a person purchases alcohol in this manner, they could be liable for a class E fine. 

Speaking in the Dáil today, Healy Rae said: “Taoiseach, what can you do, along with the Minister for Justice, to help whereby at present you are not to consume alcohol outside or near a premise from which it is purchased.

“Can these laws be relaxed, or temporarily, even, to allow for the next weeks or months?”

As noted by Varadkar, there is no national legislation prohibiting drinking alcohol in public.

However, each local authority is entitled to pass bye-laws prohibiting the consumption of alcohol in a public place. 

Gardaí also have power under the Intoxicating Liquor Act 2008 to seize alcohol in the possession of a child under the age of 18 where they have reasonable cause to believe that the alcohol will be consumed by a minor in a public place. 

Further information on drinking alcohol in public in Ireland can be found here.

With reporting by Céimin Burke

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62 Comments
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    Install the app to use these features.
    Mute Benny McHale
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    Nov 25th 2021, 10:59 AM

    I wouldn’t go into the next room to watch him.

    796
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    Mute Peazel
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    Nov 25th 2021, 11:07 AM

    @Benny McHale: he’d probably say the same about yourself

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    Mute Shawn Rahoon
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    Nov 25th 2021, 11:43 AM

    @Peazel: Probably!

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    Mute Niallman
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    Nov 25th 2021, 12:14 PM

    @Benny McHale: Nobody is asking you to.

    28
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    Mute Martin Gordon
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    Nov 25th 2021, 12:32 PM

    @Benny McHale: everyone has different taste.. so what?

    28
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    Mute Fiona Fitzgerald
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    Nov 25th 2021, 1:08 PM

    @Benny McHale: Given the rate of Dublin B&Bs when he’s in town, you’d be better off putting bunk beds in the next room for the week!

    23
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    Mute Benny McHale
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    Nov 25th 2021, 10:32 PM

    @Benny McHale: Doubt it. Sure I’m great craic

    1
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    Mute Mary Fitzsimons
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    Nov 25th 2021, 11:07 AM

    Include an option for people who are completely uninterested in Garth Brooks

    594
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    Mute SunshineLollipops
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    Nov 25th 2021, 11:48 AM

    @Mary Fitzsimons: Your option is to just move onto the next article

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    Mute Mark Byrne
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    Nov 25th 2021, 12:52 PM

    @Mary Fitzsimons: but still clicked on the article.

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    Mute Ted Logan
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    Nov 25th 2021, 2:26 PM

    @Mark Byrne: and commented…

    16
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    Mute Sinéad Doherty
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    Nov 25th 2021, 11:05 AM

    I got 2 tickets for my husband and myself delighted, love garth Brooks. First time ever securing tickets on ticketmaster , so well chuffed. There’s always gonna b haters…

    289
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    Mute Fr. Fintan Stack
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    Nov 25th 2021, 11:49 AM

    @Sinéad Doherty: Well done, enjoy!

    117
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    Mute Tracey Keating Coughlan
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    Nov 25th 2021, 1:28 PM

    @Sinéad Doherty: great! Were they expensive??

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    Mute alan
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    Nov 25th 2021, 4:57 PM

    @Sinéad Doherty: ‘haters’? Why is it these days that you can’t like things without being a ‘hater’? Part of an effort to deflect criticism? Bono always goes on about haters in an effort to discredit critics, even those who are serious about their dislike of u2 and who have perfectly valid comments to make.

    21
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    Mute Bennett blaster
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    Nov 25th 2021, 11:02 AM

    The only people looking forward to this are the GAA and the cowboy hat sellers. Musical covid

    228
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    Mute Margaret Flanagan
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    Nov 25th 2021, 1:56 PM

    @Bennett blaster: Absolutely.
    I am sorry for all the local residents.
    Were completely ignored.
    All we get on Radio and TV for past weeks are LATE LATE TOY SHOW.
    AND GART BROOKS.

    68
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    Mute The Firestarter
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    Nov 25th 2021, 11:03 AM

    Sadly 400,000 extremely sad human beings did.

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    Mute Declan Edward
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    Nov 25th 2021, 11:09 AM

    @The Firestarter: imagine someone having a different interest than you! What a shock!

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    Mute Megan Finnegan-Ward
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    Nov 25th 2021, 12:11 PM

    @Declan Edward: I went on like that for a while. Difference is I was 14, mad grown adults thinking their music taste makes them better than others…

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    Mute JustBEERbarry
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    Nov 25th 2021, 12:22 PM

    @Megan Finnegan-Ward: make sure you brush up on your 1992 line dancing moves.

    21
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    Mute Megan Finnegan-Ward
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    Nov 25th 2021, 12:23 PM

    @JustBEERbarry: What for, Barry? The concert I’ve no interest in going to and didn’t try to get tickets for?

    17
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    Mute JustBEERbarry
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    Nov 25th 2021, 3:19 PM

    @Megan Finnegan-Ward: Heel toe Heel heel toe.

    5
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    Mute Tony Clyne
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    Nov 25th 2021, 4:46 PM

    @Declan Edward:
    @the firestarter there they are all out of step except my son

    2
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    Mute Anne Busher Collins
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    Nov 25th 2021, 11:05 AM

    Why would I bother?

    60
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    Mute Peazel
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    Nov 25th 2021, 11:08 AM

    @Anne Busher Collins: replying on a Journal post about a topic you’re not interested in? I dunno either

    177
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    Mute Geraldine O'Riordan
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    Nov 25th 2021, 11:09 AM

    Never heard of him.
    Who is he ?

    59
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    Mute Ciarán Ó Dubhda
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    Nov 25th 2021, 11:46 AM

    @Geraldine O’Riordan: Google is your friend in these instances.

    37
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    Mute Jason Ebbs
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    Nov 25th 2021, 1:42 PM

    @Geraldine O’Riordan: I’ve never heard of you, but does saying that make me sound cool ?

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    Mute Tony Clyne
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    Nov 25th 2021, 4:47 PM

    @Geraldine O’Riordan:
    New hearing aid required maybe

    5
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    Mute Paul Flynn
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    Nov 25th 2021, 1:16 PM

    Garth Brooks is a false, insincere showman who couldn’t care less about Croke Park residents or their local charities – when asked by Caitriona Perry on RTÉ News if he’d compensate residents or donate to this underprivileged area, he said he didn’t worry about such things and he had someone else who deals with these issues on his behalf.

    69
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    Mute Declan Carr
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    Nov 25th 2021, 11:15 AM

    Is the journal the PR for Garth Brooks, they are pushing him hard, to much of it and the people will be sick of him they won’t want to go.

    65
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    Mute Megan Finnegan-Ward
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    Nov 25th 2021, 12:11 PM

    @Declan Carr: He hardly needs it. More engagement for them.

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    Mute Peazel
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    Nov 25th 2021, 11:06 AM

    Yeeehawww

    52
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    Mute Brian Murphy
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    Nov 25th 2021, 11:00 AM

    Just checked for the crack, 134,212 people ahead of me in the queue, ffs.

    42
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    Mute This time its personable!
    Favourite This time its personable!
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    Nov 25th 2021, 11:05 AM

    @Brian Murphy: I didn’t think crack was that popular! was there many in for Gareth Brooks tickets!

    59
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    Mute Brian Dunne
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    Nov 25th 2021, 11:44 AM

    @This time its personable!: all the lols for you! Ha ha!

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    Mute Larry Betts
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    Nov 25th 2021, 1:46 PM

    @This time its personable!: Something to do with the line dancing I guess

    11
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    Mute Brian Murphy
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    Nov 25th 2021, 1:54 PM

    @Larry Betts: now larry thats funny..lol

    4
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    Mute Mark Brown
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    Nov 25th 2021, 11:56 AM

    I’d rather poop in my hands and clap.

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    Mute Liz O'Neill
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    Nov 25th 2021, 1:28 PM

    @Mark Brown: Or do that at the actual gig. Even better!

    14
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    Mute Alan Daly
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    Nov 25th 2021, 11:10 AM

    Managed to secure 3 nights so far, can’t wait!

    27
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    Mute Mattress Dick
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    Nov 25th 2021, 11:37 AM

    @Alan Daly: you need help

    113
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    Mute Gavin Conran
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    Nov 25th 2021, 11:56 AM

    @Mattress Dick: You here replying on a topic you clearly have to interest in to people that do have an interest to insult them – and yet she is the one that need help? Sure…..

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    Mute Gavin Conran
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    Nov 25th 2021, 11:57 AM

    @Gavin Conran: *he

    4
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    Mute billy bound
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    Nov 25th 2021, 12:11 PM

    @Alan Daly:
    So lucky

    4
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    Mute Margaret Flanagan
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    Nov 25th 2021, 1:58 PM

    @Alan Daly: Are u for Real.

    7
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    Mute Mikey Richard
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    Nov 25th 2021, 11:31 AM

    No, I’m going to Mike Denver instead. Buy Irish. Support local.

    26
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    Mute Brian Dunne
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    Nov 25th 2021, 11:47 AM

    @Mikey Richard: what about micheal english? Is he irish?

    19
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    Mute Mikey Richard
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    Nov 25th 2021, 4:50 PM

    @Brian Dunne: I remember Louis trying to sell him as the next Michael Buble too!

    4
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    Mute Fergus Murphy
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    Nov 25th 2021, 1:39 PM

    26.7% of Journal readers are culchies

    21
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    Mute billy bound
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    Nov 25th 2021, 12:08 PM

    No. I’d rather severe my meat and 2 veg off

    33
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    Mute ChadChaderson
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    Nov 25th 2021, 11:38 AM

    The hype and media attention this always brings is ridiculous. Don’t see the media doing P.R for other Gigs.

    41
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    Mute Alan Curley
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    Nov 25th 2021, 12:16 PM

    Having to drag my ar** to Dublin in all that traffic or to wedge myself on the 3 hour train or pay extortionate Hotel prices only for Croke Park locals to whinge and moan after buying houses in the shadow of the national stadium???
    I’d love to see him live and the show will be great but it’s not worth all that.

    24
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    Mute Reuben Gray
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    Nov 25th 2021, 12:51 PM

    @Alan Curley: Just had a look for the laugh on booking.com there and there’s practically no availability for the Friday night, only the spendy hotels are left.
    Or you can spend a whopping €1200+ on Jacob’s Hostel! I had to click into that to see if it was real, it was but the only availability is an 8 bunk private room for that ridiculous price. That’s still €150 per person for a bunk in a hostel.
    Thankfully, I just live by the Phoenix park so train to Drumcondra has me sorted.

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    Mute JusticeForJoe
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    Nov 25th 2021, 10:59 AM

    “No but I tried (0) – 2%” … hmmm

    14
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    Mute Mrs Doyle
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    Nov 25th 2021, 1:38 PM

    I queued for over an hour along with a few family members, I got there before them and made 4 of my in-laws very happy ladies!

    14
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    Mute Marty Lawless
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    Nov 25th 2021, 12:14 PM

    My 1st concert in years can’t wait to go

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    Mute Bernard A Kavanagh
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    Nov 25th 2021, 11:35 AM

    Why?

    12
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    Mute billy bound
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    Nov 25th 2021, 12:49 PM

    Does it help to be hard of hearing to go?

    12
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    Mute sandra clifford
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    Nov 25th 2021, 5:05 PM

    Where is the not interested option?

    11
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    Mute Vin
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    Nov 25th 2021, 11:17 AM

    We’ll be on booster jab number 3 at that stage with uproar about these gigs going ahead. I can see into the future.

    11
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    Mute Eugene Comaskey
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    Nov 25th 2021, 6:39 PM

    No , I wouldn’t go out into my own Garden to see or hear him . Throwing good money after bad.

    10
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    Mute ah
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    Nov 25th 2021, 5:07 PM

    Check out the hike in hotel prices already

    9
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    Mute larry bird
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    Nov 25th 2021, 2:00 PM

    who?

    7
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    Mute Todd
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    Nov 25th 2021, 11:55 AM

    Who d fk is this guy?

    17
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    Mute Ciaran De Bhal
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    Nov 25th 2021, 4:27 PM

    I got 6, 4 of which are now for sale at €1300 apiece just to pay for a B n B

    6
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    Mute Anna Carr
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    Nov 25th 2021, 1:56 PM

    And I don’t want them. It’s going to be the same debacle all over again.

    4
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    Mute Michael Creagh
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    Nov 25th 2021, 10:01 PM

    I was too busy eating glass,I must have missed it.

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    Mute Lisa O'Connor
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    Nov 25th 2021, 12:09 PM

    Got tickets for all 5 nights

    1
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