Judgment is reserved in RDS appeal

The High Court has reserved judgment on an application by the RDS for leave to seek orders directing the granting of a licence…

The High Court has reserved judgment on an application by the RDS for leave to seek orders directing the granting of a licence to sell alcohol at the Simmonscourt Pavilion.

The Revenue Commissioners refused to grant the society the licence sought on the grounds that the pavilion was not a place of public entertainment.

In proceedings against the Revenue, Mr John Gordon SC, with Ms Carol O'Kennedy, instructed by Eugene F. Collins, solicitors, for the RDS, said the central issue in the case was whether the pavilion was a place of public entertainment. The RDS contended it was while the Revenue disputed that.

In the proceedings, the society is seeking leave to seek an order, by way of judicial review, quashing the decision of the Revenue of July 8th, 1996, refusing permission for a "theatre licence" under Section 7 of the 1835 Excise Act. Such a licence allows the sale of alcohol.

The two-day hearing before Mr Justice Barr concluded yesterday and judgment was reserved.

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