Closure of Silk Road Café 'more complex than has been said', Taoiseach says

Abraham Phelan, centre, pictured with staff members at the Silk Road Café in the Chester Beatty Mairead Maguire/The Journal

Dublin Castle

The owner of the café, Abraham Phelan, has taken legal action against the business’s landlord the Chester Beatty.

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 b…