THE OWNER OF The Silk Road Café in Dublin Castle was today granted an injunction restraining its landlord, The Chester Beatty Library, from closing it down for security reasons for the six months’ duration of Ireland’s presidency of the European Union.
The Silk Road Café is located in the Chester Beatty library at Dublin Castle. It has been in business since 2001 and was gearing up for the celebration of its 25-year anniversary in mid-July when it was informed it would have to close for security reasons.
The EU presidency will be held by Ireland from 1 July to the end of the year, and will be hosted in Dublin Castle.
Barrister Hugh O’Flaherty, representing owner Lahcen Phelan, told Judge James O’Donohoe in the Circuit Civil Court today that the café had been shut down from time to time on major public occasions such as Queen Elizabeth’s State visit and for the inauguration of Presidents, but never for as long as six-and-a-half months.
O’Flaherty, who appeared with Renata Beselea of M E Hanahoe Solicitors, Dublin, on behalf of Hannah’s Coffee Shop, which trades as Silk Road Café, was granted an interim injunction restraining Chester Beatty Library from imposing a close down from last Sunday until New Year’s Day.
He said that despite the current licence/tenancy not expiring until 16 July, the owner and over 20 staff had been refused admission when they turned up to open the café on Monday morning.
Counsel said there was a five-year written licence agreement between the parties dated from 17 July 2021 until 17 July 2026 with an expectation by Phelan of automatic renewal as had happened every five years for the past two-and-a-half decades.
Phelan stated in written evidence that under the licence Hannah’s Coffee Shop had been granted rights in respect of a defined concession area at ground floor level within the Clock Tower Building at Dublin Castle, together with its adjoining kitchen and lavatory.
He said the agreement recorded rights to carry on as a restaurant to provide meals and beverages to the public and in practice operated a permanent business bearing the operational and commercial responsibilities associated with it, including staffing, insurance, stock and day to day management.
It was his contention that the true legal relationship between the parties was properly characterised as a tenancy and not merely a temporary arrangement.
Catering for events and functions had always formed part of the café’s business and from the earliest days he had provided catering for Chester Beatty events for conference delegates, evening receptions and all external events.
He paid a rent of €1,666 a month with another €337 monthly for bins plus 5% of the café’s gross profit.
O’Flaherty said the café had been told by Chester Beatty that the library was to close with effect from 15 June, although the company had never been served with a notice to quit.
Phelan said he was simply told that the library had to close as Dublin Castle was going “into complete lockdown” from 1 July.
No-one, either from Chester Beatty or the Office of Public Works (OPW) had shared with him the reasons why he had to leave the premises.
He had been told in emails that Dublin Castle was going into total lockdown which was at variance with what the OPW had indicated “that Dublin Castle would be closed for limited periods only.”
There had also been a reference to the Silk Road Café providing catering services during the EU presidency which was indicative of Dublin Castle remaining open during the term of the presidency.
Phelan stated that for the last number of months the Chester Beatty had been making it difficult for him to carry on the business. The water service had been switched off, followed by an undertaking that it would be repaired and switched on again after he had vacated the premises.
He said his legal representatives had twice written to Chester Beatty advising that he would be looking for a new tenancy following the end of the current agreement on 16 July. The letters remained unanswered, and his solicitors had served a Notice of Intention to claim a new tenancy and undertakings that no steps would be taken to close his business.
By 5 June he had been told he was considered to be a licensee and the library would close to the public from 15 June for the rest of the year. The landlord had sought to attribute responsibility for the lockdown to the Office of Public Works.
His company had been told that the Chester Library occupied the relevant premises for 999 years under lease from the OPW which claimed the lease contemplated restrictions of access for security purposes from time to time for limited periods.
The OPW had stated that relevant security arrangements had been finalised in February last following an 18-month consultation process involving An Garda Siochana, the Department of Foreign Affairs, the OPW and Chester Library.
“On 14 June I received an e-mail advising me that I was to make no attempt to enter my business from 15 June onwards which means the defendant [Chester Beatty] has effectively locked me out of my business with my stock and belongings inside,” Phelan stated.
He said no adequate explanation had been provided why he had to shut down completely as opposed to any more limited or tailored security arrangements from time to time. He had traded for 25 years and would now have to make his employees redundant.
Judge O’Donohoe said the court was satisfied that it should grant an interim injunction restraining Chester Beatty Library from interfering with Hannah’s Coffee Shop Limited’s occupation and business at the premises or interference with stock, equipment, plant, appliances or chattels.
The proceedings were adjourned until Friday next in the Circuit Civil Court before Judge O’Hanahoe.
Political action
The closure of the café was first reported by The Journal on 15 May, after which the matter was raised with the Taoiseach and relevant ministers.
On 20 May, the Taoiseach said he was “not clear” on why the business must shut and was organising meetings and making enquiries on the matter.
Later that month, the Minister of State with responsibility for the OPW Kevin ‘Boxer’ Moran told TD Richard Boyd Barrett in response to a parliamentary question that “the OPW has no operational oversight in respect of either organisation, and no involvement in the procurement or operation of the licence for the Café”.
Today, Social Democrats TD Eoin Hayes called on the Minister for Culture Patrick O’Donovan to meet with Phelan, saying the situation was “unacceptable”.
The Chester Beatty receives the majority of its funding from O’Donovan’s department.
Hayes said: “This situation was completely avoidable had the Government taken action to address the real concerns raised by the Café and its owner.”
He said there has been no response from O’Donovan.
“The Minister must meet with the owner of the Silk Road Café, find a solution that prevents or at the very least compensates for job losses and loss of business income for such an extended period of time, and chart a path for the long-term viability of the business that serves the public so well,” Hayes continued.
“Anything less is a gross dereliction of duty to the small businesses and private operators that serve the public in our national institutions.”
The Chester Beatty Library has been contacted for comment.