Dublin City Council has claimed in the High Court that the operation of a nightclub at the Spirit club premises on Middle Abbey Street breaches planning permission for the premises.
The council is seeking an order preventing the use of the premises as a nightclub.
There has been such an alteration of the usage of various floors, including the operation of two floors as a nightclub, on the premises that it breaches the permissions granted, Mr David Holland SC, for the council said.
There was also an issue as to whether the operation of a bar, tattoo parlour, tarot readings and aromatherapy in the basement of the premises conformed with permission for use of the basement as a "museum".
Mr Justice Quirke yesterday began hearing an action by the council against Liffeybeat Ltd, operators of the Spirit premises at 57 Middle Abbey Street, in which Dublin City Council is seeking an order requiring the respondent to cease operating the premises as a club and other orders requiring compliance with planning conditions for the premises. Liffeybeat says it is entitled under the permissions granted to operate the premises as a place of public entertainment.
Mr Eamon Galligan SC, for Liffeybeat, said his client was prepared to concede some matters. It would restore the third floor of the premises to use as a music library without prejudice to the claim that it was entitled to use it as offices. In the basement, it would undertake to remove the bar counter and not dispense drinks from that location. The bar was already destocked.
Liffeybeat would also restore the basement as a museum, ancillary to the overall use of the premises. His client, he added, had always used the basement as a museum - an "interactive museum dealing with holistic medicine". The understanding of what was meant by "museum" had "moved on".
In submissions, Mr Holland said two permissions were granted in relation to the premises, one in 1995 and the second in 1997. Under them, the respondent could operate "to a degree" the premises as a place of public entertainment but a nightclub breached the conditions.
Mr Holland said Liffeybeat had "cherry-picked" aspects of both permissions. One permission entitled it to operate a place of public entertainment on the ground floor but not any other floor. The second provided for a place of public entertainment to be operated on the first floor but not any other floor. However, Liffeybeat was operating a nightclub on both floors and had effectively doubled the size of its operation.
Mr Holland said the 1995 and 1997 permissions had addressed the overall use of the premises although, he added, the second did in a manner inconsistent with the first. The council wanted orders requiring Liffeybeat to develop the premises in accordance with plans and specifications lodged with the permissions.
It also wanted an order requiring the basement to be used as a museum, subject to clarification of what was meant as a museum, and a further order requiring the third floor of the premises to be used as a library and not as offices.
The hearing continues today.