Silk Road Café landlord in court bid for arbitration

The Silk Road Café's landlord, Chester Beatty Library, will next week begin proceedings for court orders directing the dispute over the restaurant’s closedown during Ireland’s EU Presidency be dealt with by arbitration.

Barrister Hugh O’Flaherty told Judge James O’Donohoe in the Circuit Civil Court today it had been indicated on behalf of the Office of Public Works (OPW) that it had no objection to the cafe remaining open if all staff passed garda accreditation. The OPW operates Dublin Castle.

Mr O’Flaherty, who appeared with Margaret Rice and Renata Beselea of ME Hanahoe Solicitors for the café owner, Hannah’s Coffee Shop Limited, said the Chief State Solicitor Maria Browne had indicated this only yesterday.

Ms Liosa Beechinor, counsel with Arthur Cox Solicitors for Chester Beatty, told the court the library would be asking the court next week to grant it leave to seek to refer the dispute to arbitration under a licensing agreement with the café which, she alleged, the café had breached.

On Tuesday last the café owner was granted an interim injunction restraining Chester Beatty from interfering with the operation of The Silk Road or removing its equipment.

Since then staff had been allowed back in under the protection of the court and had saved its food supplies and had since served 50 free meals to Revenue staff who are not affected by the lockdown of Dublin Castle.

Mr O’Flaherty said that in her letter to ME Hanahoe Solicitors, the Chief State Solicitor Maria Browne had indicated that gardaí required, for security reasons, that the entire Dublin Castle campus should be closed to the public from mid-June to the end of December.

Ms Browne said this recommendation would be implemented by garda and Defence Forces personnel and only fully vetted and accredited individuals would be allowed access for the duration of Ireland’s EU Presidency.

She said the implementation of these arrangements would necessitate vetting and accreditation which was not something that had been directed, required or requested by OPW which would facilitate Silk Road Café staff in accessing the accreditation system.

"It is unfortunate that it is considered necessary to close public access to Dublin Castle for such a long period," Ms Browne stated. "We do not doubt that this could have a serious adverse impact on your client."

Ms Browne stated that after 22 June the security cordon would be manned by gardaí and Defence Forces personnel and access would be strictly controlled.

"While our clients (OPW) are not a party to the injunction proceedings, we can confirm that they have no issue with your client’s personnel having access to the Silk Road Café if they are legitimately within the security cordon," Ms Browne said.

Ms Beechinor told Judge O’Donohoe that the application for an interim injunction had been issued in breach of an arbitration clause in the licensing agreement with the Silk Road Café owners.

She was granted leave to issue a motion to bring an application to stay the proceedings so that the dispute could be dealt with by arbitration. She gave undertakings in similar terms to the interim injunction that had been granted last Tuesday including that access would not be denied or Chester Beatty would not take steps to grant a new licence to anyone else.

The proceedings were put in for mention on 13 July and the application to refer the dispute to arbitration will not be heard until the last week in July. The café would be allowed to continue operation subject to security measures being met.