A city centre nightclub withdrew its objections to the renewal of a rival nightclub’s drinks and dance licences, after the latter gave undertakings in court to close a number of disputed areas within its premises to patrons, pending the granting of planning permission.
Sugarleisure Ltd., trading as Carbon nightclub, 19-21 Eglinton Street, had objected to the renewal of intoxicating liquor and dance licences pertaining to Electric Garden, situated at 26-38, Abbeygate Street, and the nominee of Central Park (Galway) Ltd., Maurice Gillen.
Sugarleisure Ltd. objected to the renewal of both licences on the grounds that the premises of Electric Garden had been extended beyond the boundary of the permitted licensed premises; and, that a portion of the premises of Electric Garden was not licensed.
Ms Dorothy Collins BL, for the appellants, contended all areas of the nightclub were covered by the existing licence.
Ms Constance Cassidy SC, who represented Sugarleisure Ltd. at a fully contested hearing before a special sitting of Galway District Court this week, told Judge Alan Mitchell her clients had no objection to Electric Garden continuing to operate in areas within the “original licensed footprint” of the premises which already had planning permission, but that newer areas, which had since been added on, would have to suspend public access and trading, pending the granting of full planning permission.
Following lengthy legal argument, Judge Mitchell held with Ms Cassidy’s argument that the newer areas were operating without a licence.
However, he said he would grant both the dance and drink licences provided the nightclub only operated within the footprint of the original licence, pending the granting of planning permission for the newer areas.
“The alternative is the nuclear option,” he warned.
The judge then gave both legal teams time to reach an agreement about which areas of the existing nightclub were to close to the public until such time as planning permission was granted.
Ms Cassidy returned to the court an hour later and said Sugarleisure Ltd. was withdrawing its objections to the granting or both licences as an agreement had been reached on the basis that Mr Gillen gave an undertaking to the court that there would be no patrons or no trading allowed in agreed areas, which were the subject of a new planning application.
Mr Gillen signed an undertaking in court in which he agreed: (a) that he and his company would undertake not to trade in the agreed areas until full planning permission had been granted in respect of a planning application lodged on September 21 last; (b) that a certificate entitling the appellant to receive a full seven-licence, in respect of the unlicensed areas, had been granted; and (c) that only staff may use a stairs (in the disputed areas) in order to serve patrons food from the kitchen.
In return, Rory Collins, on behalf of Sugarleisure Ltd., signed an undertaking in court not to object to Mr Gillen’s planning application, not to object to the court certified application for the granting of a seven-day licence, and not to object to the suitability of the premises, under Section 32 of the Intoxicating Liquor Act 1960.
Judge Mitchell then renewed both licences for Central Park (Galway) Ltd., and noted the undertakings signed by both parties in court.
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