THE operator of the Clonmel Greyhound Race Track was granted permission by the High Court yesterday to challenge a decision to revoke his operating licence.
Mr John Gordon SC said his client, Clonmel Leisure Group Ltd, held a lease on the track and operated under licence from Bord na gCon. Two important race meetings were held there, including the National Breeders Produce Stakes.
Mr Gordon said the Produce Stakes was fundamental to the viability of the Clonmel track. Around February 11th, Mr Allan Singleton, of Slievenamorna, Ballyvohalane, Kill, Co Waterford, chairman of the Clonmel track company, became aware of rumours that the Produce Stakes might be transferred to Waterford.
As a result, Mr Singleton contacted Mr Paschal Taggart, chairman of Bord na gCon. There was no response other than the arrival of inspectors to inspect the track.
On February 18th a letter was received from Mr Taggart saying it would be proposed at the March 2nd meeting of the hoard that the 1997 Produce Stakes be moved following complaints about the state of the Clonmel track. Mr Gordon said a further letter was received from the board reviewing the possibility of suspending his client's licence.
He said a registered letter was sent to Mr Singleton notifying him old the decision to revoke the track licence. That revocation shifted the grounds upon which Mr Singleton might lose his licence, saying the track was conducted in a "disorderly manner".
It appeared, said Mr Gordon, that the reason for adopting this language was the wording in Section 24 of the Greyhound Industry Act 1958.
Mr Singleton, in an affidavit, said he acquired a controlling interest in the track company in 1994 and discussed refurbishment and the provision of grant aid. A development plan was presented to the board. At the end of 1994 Mr Singleton said he contacted the then chairman, Mr Kevin Heffernan, who gave verbal permission to proceed and indicated the board would make grant monies available.
On the basis of this, Mr Singleton said, the track company spent £77,000 and ultimately monies were received in January 1997.
Despite repeated requests no approval had yet been given to carry out other works. The balance of the works would cost about £430,000. It was not possible to start without an appropriate board commitment.
Mr Justice Kelly granted leave to the track company to seek a judicial review and order, quashing the proposed revocation. He also gave the company leave to apply for interlocutory injunctions against the board on Monday.