Nightclubs, theatres to appeal ruling on hours

A number of Dublin's biggest theatres and nightclubs will appeal a ruling by Dublin District Court which placed a 2.30 a.m

A number of Dublin's biggest theatres and nightclubs will appeal a ruling by Dublin District Court which placed a 2.30 a.m. curfew on all entertainment venues since last Friday.

The Gaiety Theatre, the Olympia, the Ambassador and Spirit nightclub say the court ruling threatens the viability of their businesses and they will lodge an appeal within the next two weeks.

Fifteen late-night venues which had been able to trade as late as 4 a.m. had their dancing licences brought back to 2.30 a.m. following Garda concerns about public order problems in the city.

They were able to operate later than usual because they held theatre licences. However, Garda sources say some venues have exploited the theatre licences in order to stay open as long as possible.

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Mr John Costigan, the Gaiety Theatre's managing director, said the ruling may lead to the cancellation of the venue's late-night events which account for up to 25 per cent of its overall business.

He said there was no question of the theatre licence being abused as the late-night shows included music, comedians and stage shows.

"Bringing our licence back to 2.30 a.m. effectively means we would have to consider an immediate closure, because the window of time between the curtain-down of the evening show and the new curfew is not sufficient to entice people to pay in," he said.

"It would mean the livelihoods of the 65 people who work in the theatre are deeply affected, and the €320,000 contribution to the Government coffers for VAT and PAYE disappears."

He said some venues which did not offer late-night performances may have been "pushing the envelope" by trading until 4 a.m., but insisted that the Gaiety, along with the Olympia, the Ambassador and Spirit nightclub, offered genuine performances.

There are an estimated 22 venues in Dublin with theatre licences, 15 of which offer late-night entertainment.

Among the 15 venues affected by Friday's ruling are the Viperroom on Aston Quay, the Point Theatre and Angel's lap-dancing club on Leeson Street.

These premises had their dancing licences curtailed from 3.30 a.m. to 2.30 a.m., while alcohol may be served until 3 a.m. Trading hours for the estimated 800 late-night pubs or nightclubs with regular licences will continue until 2.30 a.m., as before.

Some of the premises affected sought a full hearing from Judge Peter Smithwick on Friday to contest the ruling.

However, their applications were rejected.

The judge said there was evidence from gardaí of a public order problem in the city. He added that the argument to stay open later was fuelled by people in business seeking to make money.

The venues affected by Friday's court ruling are expected to have their music and singing licences similarly curtailed when they come before Dublin District Court for renewal later today.

Mr Costigan, meanwhile, said the Gaiety Theatre needed to maintain its late-night entertainment, unlike other theatres which received State funding.

"The Gaiety receives no Government funding or Arts Council grants, unlike the Gate or the Abbey, and we absolutely need to be able to open for matinee, evening and late-night shows to survive," he said.

Carl O'Brien

Carl O'Brien

Carl O'Brien is Education Editor of The Irish Times. He was previously chief reporter and social affairs correspondent