Three-mile Pub Limit

The Three Mile (Pub) Limit in Lyre

The Kerry Evening Post of February 8, 1905 carried the story of how RIC Detective Inspector charged, on behalf of the King, Hugh Roche, a publican in Carrigcannon with a breach of the Licensing Act. Under the terms of the license the bar could only sell drink to ‘bona fide travelers’ on Sundays. Anyone living more than three miles from the pub could claim to be a traveler.

Sergeant Greene from the RIC Barracks down the road in Lyreacrompane wandered up to the pub and wandered in. There he saw a John Molyneaux ‘on the premises’ having a drink. Greene, being familiar with the local terrain, questioned him about his ‘bona fides’ and Molyneaux said he thought he was entitled to be on the premises as he was living beyond the three-mile limit. Mrs. Roche said she had, at first, declined to serve John Molyneaux but he told her he was a bona fide traveler for the purposes of the Act.

When the case came up at the Petty Sessions in Listowel the new Magistrate, Mr. R. G. Gentleman, was in the Chair. He asked the Sergeant if he had measured the disputed distance. Greene told him that he had with “an ordinary surveying chain” and he found the distance from John Molyneaux home to the bar to be 283 yards short of the three miles.

Surveying chain.

Hourigan told the court that they were bringing this as a test case “…to show people that they are not entitled to go into these premises” on Sundays if they lived inside the three-mile limit. In reply to Hugh Roche, the Sergeant confirmed that there had been no attempt to conceal Mr. Molyneaux and that the premises was well conducted.

John Molyneaux then questioned if the Sergeant had given him the “…benefit of the bit of road from the public road to my house in your measurements”. While this had not been done the 183 yards involved would still not have placed him outside the three-mile regulation. He was still one hundred yards short of meeting the requirements –but it was admitted that Mr. Molyneaux was “a respectable man”. Mr. Gentleman than asked the District Inspector what he wanted in this case. Mr. Hourigan said he would be satisfied with the smallest penalty. For the defense Mr. McElligott suggested that the case would be withdrawn and Mr. Gentleman in the chair suggested that it would be a “…very graceful act if you could see your way to do it”. The District Inspector agreed, and the Chair declared it was “a very proper thing to do”. The case was dismissed.

The Cross erected to mark the pre-famine church and graveyard at Gortacloghane and below the note taken about the site during the Ordinance Survey in 1841.

There was an old church in the townland of Gortacloghane, called Teampall Gortaclocáin, which was totally destroyed.

The site is marked by some vestiges of the walls about two feet high, nearly covered with grass and blackthorn.

Thomas O’Connor, Listowel, July 17th, 1841. 11