An Bord Pleanála has been asked to rule on whether or not a proposed lap-dancing club constitutes "development".
The outcome of the planned club opening in Kilkenny could have significant implications for local authorities across the State which do not have the power to prevent such clubs from opening.
Kilkenny Borough Council yesterday confirmed it had "made a referral on whether the use of an existing public house premises . . . as a lap-dancing club is or is not development".
John McCormack, a spokesman for the council, said the referral was made under Section 5 (4) of the Planning and Development Act, 2000, following advice from the council's legal advisers.
Councillors from all political parties, led by mayor Marie Fitzpatrick (Labour), have expressed opposition to the proposed club but have acknowledged that they do not have the legal power to prevent its opening.
However, if the planning board rules that the club constitutes "a development", the operators could be forced to apply to the council for planning permission.
A similar controversy arose in Dublin in 2006 when Stringfellow's lap-dancing club opened near Parnell Square, despite opposition from councillors and local residents.
The Association of City and County Councils has already called for changes to the planning laws to regulate lap-dancing clubs and adult shops.
Members of Kilkenny Borough Council have agreed to write to the Minster for Local Government John Gormley and to the Minister for Justice Brian Lenihan to request such changes to the legislation.
Meanwhile, at Kilkenny District Court this morning, Judge William Harnett is expected to issue a decision on the application by Whispers Entertainment Ltd for the transfer of a pub licence to enable the company to operate the club.
The company, which already runs a similar club in Waterford city, has taken a lease on a pub formerly known as the Widow McGrath's on Kilkenny's Parliament Street.
The owners plan to reopen the premises with a sports bar on the ground floor and pole- and lap-dancing on the first floor.
When the court considered the application last month the judge adjourned the case to allow gardaí and the fire service to inspect the premises.
Some councillors in Kilkenny have called on the public to boycott the club if the court allows it to open. Stringfellow's closed in Dublin in July 2006 after trading for less than six months. Local people had mounted protests outside the club three nights a week.
Speaking at the time, the club's marketing and PR manager, John Sullivan, said the closure "goes against everything this country is supposed to be about - advancement and democracy".
