A Dublin retailer has been ordered to use his premises as a cake shop and not an "adult shop" if he is to be granted late-night opening hours by An Bord Pleanála.
Ian Byrne was granted permission by Dublin City Council to extend the opening hours of a premises at 64-65 Prussia Street, Dublin 7, to midnight seven days a week. The premises is not currently in use, but had planning permission as a retail unit.
The decision was appealed to An Bord Pleanála by local residents who believed the intended use of the premises was as a sex shop. Mr Byrne responded to the appeal, stating that he intended to open a cake shop/deli on the site.
The existing retail planning permission stipulated that the shop must close at 6pm. However, Mr Byrne said this would limit his abilities to sell cakes to customers returning from work in the evenings.
The appellants, the St Joseph's Road Residents Association, further responded that there was no need for another cake shop in the area and that extended opening hours were not necessary for a cake shop, but that if permission were granted for the extension, it should be on the condition that the premises was used as a cake shop/deli.
"We remain convinced that the intended use is as an adult shop," the residents said.
An Bord Pleanála inspector Maireád Kenny agreed with the residents that an adult shop would be inappropriate in the largely residential area and noted that under current planning legislation an adult shop could be opened under retail planning permission.
However, because the applicant was seeking permission for an extension to opening hours, the board could add a condition that the premises could not be used as an adult shop. Ms Kenny recommended that this condition be added and that the opening hours be extended only to 9pm.
She also recommended that the applicant be allowed open from 7am as this would be a reasonable opening time for a cake shop or bakery, although the applicant had not requested early opening hours. She added that the premises should not be used as an internet cafe or phone call shop either.
The board accepted Ms Kenny's recommendation, but strengthened the conditions to state that the premises can be used only as a cake shop/deli and reduced the extension to 8pm.
Mr Byrne yesterday said he never intended to open a sex shop. "There was that rumour going around but we were always going to open a bakery/deli." When asked why he wanted his shop's hours to be extended to midnight he said: "We just wanted to see what it would be like. Tesco is open at that time and there might have been passing trade, but we wouldn't necessarily stay open until midnight."
The board's decision coincided with a request by a Dublin City Council policing forum to the Minister for the Environment John Gormley to introduce legislation requiring specific planning permission for sex shops.
The request was made to deal with the planning loophole which allows a premises with retail planning permission to open as a sex shop or allows the change of use of any shop to a sex shop without permission.
