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Dublin: 8 °C Tuesday 21 May, 2013

High Court orders closure of Seamus O’Connell’s Cork restaurant

The owner of the high-profile Ivory Tower had been ignoring a closure order from the Food Safety Authority of Ireland – so the authority took him to court today.

Updated 16.01

THE HIGH COURT has ordered that the Ivory Tower restaurant in Cork be shut immediately. The owner and head chef at the restaurant Seamus O’Connell and his staff had continued to operate a dinner service at the restaurant despite being served with a closure order by the Food Safety Authority at the start of the month.

TheJournal.ie revealed on Wednesday that Seamus O’Connell had received the order to close his restaurant on the city’s Princes Street from the FSAI. The restaurant has been hailed as a foodie destination by the likes of the New York Times and Frommer’s international guides since it opened in 1993. O’Connell himself has been a high-profile chef, presenting RTÉ’s Soulfood in 2004 and setting up the original menu for Jay Bourke’s Shebeen Chic venue in Dublin in 2008.

Katie Mythen, editor of The Cork News, contacted us today to report that O’Connell had been continuing to serve food in the restaurant, against the FSAI order. He told The Cork News: “I will stay here cooking until they chain me up and lock me away.”

Dr Bernard Hegarty of the FSAI told TheJournal.ie this week that any restaurant served with a closure order had to have problems that needed to be rectified before it is allowed to reopen. The FSAI states that a closure order is served when “there is or there is likely to be a grave and immediate danger to public health at/or in the food premises”.

However, O’Connell said that his restaurant “wouldn’t do anything to endanger the health of our customers” and said he would invite customers to inspect the kitchen if they wanted to. He also claimed that food safety inspectors arrived in the restaurant at the height of service. While he and his staff clean up after service, he said that during service “the kitchen is a warzone”.

Today, the FSAI brought an application to the High Court “following the owner’s refusal to comply with a closure order”. Mr Justice Kearns in the High Court ordered that the restaurant be shut with immediate effect and also ordered that O’Connell pay the costs of the FSAI’s application to court. However, O’Connell can apply to the court to reopen, should the issues the FSAI has with the premises be resolved.

Professor Alan Reilly, CEO of the FSAI, said this afternoon:

We are pleased that 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.

In his interview with The Cork News, O’Connell had described FSAI inspectors as “lowly civil servants… uneducated in the science of cooking”.

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Comments (36 Comments)

  • If he’s that confident he’s right, perhaps he could put up a description stating exactly what the inspectors found.

    P>

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  • Let’s hope it’s not on the menu

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  • Jeez some people are gas on here. The inspectors are public servants therefore it must follow that (a) they are incompetent or (b) they have a grudge. I suppose the possibility that (a) they are doing an important job to protect the public or (b) they know what they are doing, is not something that could be considered given that they are only “lowly” public servants like!

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  • I’ve eaten there on numerous occasions and the kitchen is partially open to view by the customers. I would have no problem eating there tonight or any other night, the food and service there is superb.

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  • debbie 09/12/11 #

    Somebody has a grudge or something I can smell a rat ?

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  • Ciaro 09/12/11 #

    He gets served with a closure notice and ignores it? He deserves to be shut down until the issue is resolved.

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  • If only we know why the closure was demanded? Was it vermin or food stored on the floor or what? I’ve worked in restaurants when younger and felt they seem to call to some places more regulary than others even though I knew they were conforming to standards.
    We’d get the tip off and the owner says we are ok everything’s in order, inspector leaves happy but would be back in 4 or 5 months again where some poorly run places seem not to ever get inspected.
    They would offer warnings if there was reason and if they call for a closure well something must be of serious concern to them!

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  • “I will stay here cooking until they chain me up and lock me away.”

    Ok, then.

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  • I’ve worked with many inspectors and the fact is an inspector has to have SERIOUS concerns to threaten to shut you down. Doesn’t matter how good your food is if there is a serious risk of you making someone ill.

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    • The devil is in the detail. Hopefully this will emerge soon. If it’s due to hygiene etc then fair enough, if it’s due to minimum working space requirements then its dead by red tape.
      I’ll still eat there if he ever re-opens.

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  • I’m surprised the inspector’s even found the restaurant. I walked all of Princes Street yesterday and couldn’t find the Ivory Tower or the Exchange Building! I asked several people from the area and none of them knew where it was! Some thought it was on South Mall and others thought it was on Oliver Plunkett Street! Seriously.

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  • If the exterior of the place was anything to go by, I would never have wanted to eat there. There are plenty of really good restaurants in Cork, all busy and all compliant with health and safety requirements.

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  • I’m devastated at this news. The Ivory Tower is a landmark restaurant and despite being a cranky b’stard, Seamus is a culinary heavyweight. The IT was a triumph of sustenance over style IMO. Major loss for Cork. I hope it re-opens soon.
    Although I agree wt the science of food hygiene it can and does impact on taste. Half the food served in France would not past our stringent H&S standards here. Ireland is one of the strictest countries in the world in terms of food hygiene because the Government knows how important our food exports are to our economy.

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  • I wonder if sometimes an inspection might be the result of a public complaint? I’ve been in premises that have not impressed me, and I usually walk out before ordering if this is the case. With a good class restaurant you rely on the management to keep the place in good order, that’s what professionals are supposed to do. The inspectors must have had reason to order the place to shut. And no chef is above the law, whether its a Gordon Ramsey clone in the frame or greasy Stavros down the chippy .

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  • I wouldn’t mind having a look around the kitchen for myself and seeing what all the fuss is about. I’ve dealt with some of these inspectors before and some of them are out of all order. They expect kitchens to be up to such a standard that you could perform open heart surgery in them. I’ve often wondered what their own kitchens at home were like, could you imagine it? “Sorry love but I’m afraid that I have to shut down our kitchen until you bring it up to the required standard. I’m sure if the kids give you a hand you could have it up and running in no time”!

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    • If this is the case, then why are there so few closure orders? Only a handful occur each year.

      P.

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    • They seem to be very inconsistent Paul. Over the years I’ve noticed that they pick nice easy calls like good hotels and the like where they know that everything is up to standard so there is less hassle. The smaller places and certain types of business that would warrant a call are then left alone until the numbers have to be made up. I’ve been in to places that should have been shut down but never got a call. One place was so bad that I used to keep my hands in my pockets! Another two of my customers were 5 star hotels that kept their kitchens immaculate but still got a call twice a year. There certainly wasn’t any consistency to my mind in the way that calls were picked out.

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    • @Brian if u are ever in a place that u think is sub standard in h&s tell the food safety as they will investigate, they inspect places on complaints, at least once a year and also randomly, reason larger establishments get more visits is sometimes their may be 3/4 restaurants in a hotel,

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    • Ciaro 09/12/11 #

      The FSA don’t issue many closure orders, when they do I’m sure there’s a valid reason to. It seems to be one of the few govt agencies who do good work, credit where credits due.
      It doesn’t matter how busy a kitchen is, food safety must be priority. Looks to me like this restaurant is understaffed.

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    • And they are right

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  • Aine 09/12/11 #

    OMG!!!! I’m shocked! A closure notice is not issued lightly there must be serious concerns regarding the welfare of anyone eating there food, auditors look at a huge range of areas

    Blaming the fact that they came when they were at the height of service is ridiculous FOOD SAFETY needs to practiced at all times!! Blaming the fact that they were busy is suggests that ”food safety need not apply when busy”

    If he is happy to have his kitchen ”inspected” after the fact doesn’t make it OK!! Disgusted I know I won’t forget the name of that place in a hurry nor will I eat and I would say the very same to anyhow that would consider eating there

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  • Dunno, but I’ve been hearing a lot lately about state authorities becoming very prominent in their inspections of many such like cases – fisheries, restaurants, septic tanks, dog wardens, customs etc. Would the spotlight on public sector efficiency be backing-firing on the public sector.

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  • They arrived at the height of service, what a load of sh1te, they def have grudge to do that.

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  • well well well its been amusing ! thank you all for your perspectives, i wonder what mine will conjure…basically i operate a very evolved dynamic and contained system of preparing ‘high risk’ foodstuffs to even higherly imagined pyrrogatives, and the monkeys around the fire arent getting it… perhaps because its not in their manuscripts…i apologize to anyone who previously thought i am ‘safe’ and to those who will never darken my door because i’m not…i have spent most of my adult life working in the best restaurants around the world and i feel i practice healthy and tasty food beyond of course, ‘safe’. where else in the world do you get foodstuffs which are not only hand picked, lovingly cooked and then even served by the same person? shame shame shame on fsai and hse. they have caused much grief unbeckoned. seamus the chef x

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  • Laura 17/12/11 #

    I have eaten in the Ivory Tower and the food was delicious, Seamus O’Connell is a very creative chef. What was the substance of the order, too small a kitchen or actual hygiene problems?

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