A District Court order has been amended to allow pubs in Killorglin to stay open until 3am for the three nights of Puck Fair.
Judge David Waters had ruled that pubs in the town could stay open until 2am from the 9th to the 12th August.
Francie Sheahan Ltd appealed the District Court order, at today's sitting of Killarney Circuit, on behalf of 14 pubs in the town.
A number of publicans from the town were in court for today's appeal.
Acting for Francie Sheahan Ltd, on behalf of the pubs, barrister Katie O’Connell said this is maybe one of the most important licensing applications in Kerry.
She said since the 1970s, closing time for pubs in Killorglin during Puck Fair has been 3am, and this is the first time there has been an objection to the 3am exemption for the festival.
She said the calendar year in Killorglin runs from August to August, and Puck Fair is bigger than Christmas for the town.
She said to chip away at the festival is a dangerous thing to do, that this is rural Ireland and it’s the identity of the festival.
Ms O’Connell said publicans are committed to public order, all have CCTV and hire security, and it’s very important Puck is maintained as a safe, family-friendly festival.
Judge Terence O’Sullivan asked if the only objections were from the gardaí rather than any locals, and Ms O’Connell replied the exemption is fully supported by the community.
Superintendent John Ryan outlined An Garda Síochána’s objections; that closing at 2am for four nights is sufficient to deal with crowds, and that closing at 3am puts additional requirements on gardaí.
Superintendent Ryan said this forces him to decide between frontline policing and events policing, and this is the only exemption in Kerry for 3am – every other festival only gets exemptions for 2am closing time.
Ms O’Connell submitted the late closing time is helpful for ensuring crowds are dispersed steady and safely, and the festival committee also makes a contribution of €3,000 to the resources of An Garda Síochána.
State solicitor, Diane Reidy, said the issue is about resources, and the allocation of resources, and the additional strain it puts on gardaí to police it.
Judge Terence O’Sullivan said the festival is on the go since 1603, the last year of the reign of Queen Elizabeth I in England.
He said the objection was due to pressure on police resources, but without a mention of any particular incident.
Judge O’Sullivan said this is very important for the locality, and in the absence of any local objection, he sees no ground to shorten the exemption from the traditional time of 3am.
He varied the order, so that now there is a 2am exemption for the night of Saturday 9th August, and an exemption of 3am for the three official nights of the festival, the 10th-12th August.
Barrister Katie O’Connell told Judge O’Sullivan he is welcome to Killorglin for the festival; Judge O’Sullivan replied, “Maybe next year.”