The Food Safety Authority of Ireland (FSAI) welcomed the decision today by Mr. Justice Kearns to make an Order directing the closure of the Ivory Tower restaurant, Exchange Buildings, Princes Street, Cork and to prevent Mr. Seamus O’Connell or any person having notice of the Order from continuing the operation of a food business at that premises.  The application to the High Court was sought by the FSAI to enforce the closure of a Cork food business following the owner’s refusal to comply with a closure order.

The Court ordered Mr. Seamus O’Connell to pay the costs of the application and granted him liberty to apply to court in the event that matters are rectified.

A closure order under the European Communities (Official Control of Foodstuffs) Regulations 2010 (S.I. No. 117 of 2010) was served on the Ivory Tower Restaurant on 24 November 2011 by Environmental Health Officers of the Health Service Executive. The restaurant continued to operate despite the serving of the closure order, leading to the High Court application today.  The Regulations specify that where a closure order has been served and activities are carried on in contravention of that order, the High Court may make an order prohibiting the continuance of the activities and order the closure of the premises.

Professor Alan Reilly, chief executive of the FSAI stated: “We are pleased the High Court upheld the use of a closure order to enforce food legislation and protect public health. Most of the 50,000 food businesses operating in Ireland comply with food safety legislation and cooperate with the FSAI and the food safety inspectors. However, for the few who continue to ignore their legal responsibility to comply with food safety and hygiene regulations, this High Court decision should serve as a warning that non-compliance with enforcement orders will not be tolerated.”