AS part of an agreement signed with Cork County Council, Quills Retail Ltd has agreed to remove food traders operating out of the company’s car park in Glengarriff.
A court case, which was originally expected to take two days to hear at a special sitting of Bantry District Court, was dealt with swiftly last Thursday after legal representatives for both parties handed in a signed agreement to Judge Treasa Kelly.
As part of the agreement, the company pleaded guilty to two offences of non-compliance with enforcement orders served on Quills on April 24th 2023.
The first enforcement order had been issued in respect of an unregulated green structure at the rear of the premises, which was being used as an additional sales space.
The second specified the removal of ‘kiosks, caravans and tents’ from the curtilage of the premises.
Brothers Odhran and Cian Somers who operate Caha Coffee. (Photo: Andy Gibson)
Stephen O’Donoghue (BL) instructed by Patricia Murphy, a senior executive solicitor with Cork County Council, outlined the conditions contained in the 10-point agreement.
As well as the guilty plea, it specified: ‘The company shall use its best endeavours to secure the removal of the remaining kiosks, caravans and tents from the curtilage of the premises within a period of seven days.’
The next condition stated: ‘In the event that it fails in such endeavours, the company undertakes to institute the necessary legal proceedings to secure the removal of the said structures within a period of one month (March 19th, the date of signing).’
In unambiguous terms, the agreement stated: ‘Thereafter, the company shall prosecute the said legal proceedings with due haste and diligence.’
Furthermore, ‘the company shall use its best endeavours to have the unauthorised single-story extension to the premises removed from the curtilage of the premises within a period of three months.
And ‘in the event that the company is unable to secure the removal of the green structure within a period of three months, the company shall immediately cease trading from the green structure upon the expiry of the three-month period.’
If the company fails to have the structure removed within three months, the agreement stated that the company will ‘ensure its removal no later than the close of business on the 15th day of August 2025.’
Another condition is that the company, which was legally represented by Tom Power (BL) instructed by Galvin Donegan Solicitors, is to pay Council costs in the sum of €9,000, and the company is to cover its own costs.
Padraig Quill, who was in court representing the company, was called to go into the witness box and give an undertaking under oath. Mr Quill told the court that he would comply with the terms of the agreement.
All parties agreed to have the case adjourned to the September 11th sitting of Bantry District Court. At that stage, if all aspects of the agreement have been complied with, the defendant will be given the benefit of the Probation Act.
