Constance Cassidy

Constance Cassidy SC, who specialises in liquor license applications, told The Irish Times that pubs could be punished through the licensing process even in the absence of new legislation mandating closures during the coronavirus pandemic.

Ms Cassidy said some publicans believe there is “no effective legal sanction currently existing and that, accordingly, the guidelines are only guidelines and they can, in their view, elect to ignore them”.

However, there does exist “a means of bringing to book those who seek to flout or ignore the guidelines” when publicans apply for the annual renewal of their license, which requires that “all publicans who operate must be of good, fit and proper character”.

She added: “A person who, in the current climate, sees fit to flout or ignore the guidelines, certainly arguably cannot be viewed as a person of good, fit or proper character.”

Licensing judges “would require very definite convincing from the errant publican as to why, and in what circumstances, and whether for monetary gain or even more base motives, such publican saw fit to ignore and imperil the health and wellbeing of the public at large”.

Ms Cassidy said pub-goers who contract COVID-19 could also be able to sue publicans for negligence, which would likely not come within the scope of their insurance.