Rejection of plans for a 'superpub' on St Stephen's Green should help in reconciling the planning and licensing laws, writes Frank McDonald
The emergence of "superpubs" has changed the character of drinking in Ireland and arguably contributed to the huge increase in alcohol consumption over the past decade, a view shared by the Minister for Justice, Mr McDowell.
Until yesterday it was possible for operators to acquire a fully licensed restaurant, obtain a dancing licence and then turn the premises into a superpub without having to go through the planning process to seek permission for a change of use.
But this scenario has been changed by the Supreme Court's dismissal of an appeal by Cherating Ltd, a subsidiary of Capital Bars plc, against a High Court judgment which prevented it turning the Planet Hollywood premises on St Stephen's Green into another superpub.
The Supreme Court held that the premises had been used as a licensed restaurant and that they could not be operated as a pub without new planning permission. This should help in reconciling the licensing laws with planning legislation.
For many years the two codes have been "out of synch". The lines became blurred between a night-club, a pub and a licensed restaurant. Lack of definition of a night-club in the Planning Act facilitated the emergence of superpubs, especially in Dublin and other cities.
Essentially, superpubs are late-night drinking venues which can cater for hundreds of (mainly) young people. Few could disagree that they have drastically altered the sense of what was traditionally perceived to be a "pub" and contributed to the rise in alcohol consumption.
Although 131 late-night drinking venues in Dublin are listed in the Golden Pages, a search to determine the number of planning applications for night-clubs in the city over the past 10 years revealed just one. What has happened is that they have emerged almost by stealth.
Numerous licensed restaurants and bars have been turned into superpubs. Capital Bars plc is the market leader, having establishing the concept with premises such as Café en Seine in Dawson Street, Break for the Border in Stephen Street and Zanzibar on Ormond Quay.
As the experience of Temple Bar has shown, the proliferation of superpubs has a wider impact on amenity and public order, with large numbers of patrons leaving premises throughout the night, many in a drunken state and some urinating and vomiting on the streets.
Official figures released this week showed that public-order offences had doubled in 12 months to 78,000, half of them alcohol-related.
An Taisce said yesterday that there was a need to control late-night drinking venues, or at least allow residents the chance to comment on, and appeal, plans for developments which could "drastically alter" the ambiance of their areas.
Unless they had the money and time to challenge changes of use through the courts, the only other option was to keep a "constant check on all newspapers sold in Ireland for a small advertisement seeking a bar and dance licence and challenging the application in the District Court".
With three more superpubs planned for the Capel Street area of Dublin, An Taisce called on the Minister for Justice and the Minister for the Environment, Mr Cullen, to "immediately co-ordinate the out-of-synch licensing and planning laws" which have allowed their proliferation.
