The Supreme Court yesterday permitted the operators of the controversial Ann Summers shop in Dublin's O'Connell Street to extend the legal grounds of their challenge to a Dublin Corporation notice directing them to stop using the premises as a shop.
The decision means the operators may argue the corporation's decision was irrational on the grounds that while the corporation determined other premises on O'Connell Street were unsuitable for the street, in regard to its proper planning and development, it did not serve any notices on those premises directing them to cease operating.
They may also argue that the corporation served the notice on grounds unrelated to proper planning and development and wrongly took into account the representations of other persons.
Mr Michael Collins SC, for the Ann Summers companies, said the corporation may have been influenced by considerations which might have to do with a perception of public morality and other extraneous matters and he wished to be able to argue this.
The Chief Justice, Mr Justice Hamilton, granted an appeal by Mr Collins against the High Court's refusal to permit him to challenge the corporation notice on such grounds.
However, Mr Justice Hamilton affirmed the High Court's decision to refuse the shop operators leave to seek an injunction against An Bord Pleanala restraining it from determining an appeal against the corporation notice until the High Court challenge has been determined.
The operators were free to bring such an application if the need arose but the Supreme Court would not grant leave at this point to seek that order, he said. In the High Court last month, Mr Justice O Caoimh gave leave to the Ann Summers companies to seek an order to quash the notice of the Corporation, dated October 1st last.
An appeal against the corporation's decision - based on planning grounds - has been lodged already with An Bord Pleanala and the shop may remain in business pending the outcome of the appeal procedures.
The Ann Summers group of companies say the Dublin shop sells women's underwear, hosiery, women's evening wear, nightwear, PVC wear, jewellery, toiletries, fun novelties, books, novels, greeting cards and gift wrapping. The disputed corporation notice said continuance of the use of the premises was inap propriate and unsuitable to the main street of Dublin city and contrary to the proper planning and development of the street.
The use of the premises for the display and sale of the Ann Summers range of products was in conflict with the objectives of the O'Connell Street Integrated Area Plan, it also stated.
