Cork Opera House has brought High Court proceedings challenging the refusal of the Revenue Commissioners to grant it a drinks licence under an arrangement which has operated for more than 100 years.
Mr Justice McKechnie yesterday granted leave to James O'Reilly SC, for the opera house, to bring proceedings against the Revenue over the licensing issue. He also granted a stay on the implementation of any licence refusal pending the outcome of the proceedings.
In this year when Cork was the European City of Culture, the opera house was centre stage for those celebrations and would have difficulty providing services for the public without a drinks licence, Mr O'Reilly said.
He said the opera house was founded in 1855 and, up to last year, had secured an excise licence under the provisions of the Cork Improvement Act 1868.
After a local Garda sergeant had queried the licensing arrangement, the Revenue had described the situation as an "anomaly" and had indicated the licence would not be renewed under the 1868 Act. It was indicated the opera house would have to give the Revenue a public music and singing licence under the Public Health Amendment Acts before the Revenue could issue a drinks licence under the Excise Act 1835.
Mr O'Reilly said his client disputed those claims. The opera house had secured a licence under the same system for the past 130 years and the Revenue was obliged to take into account that previous practice. Even lap-dancing clubs secured licences under the same system, Mr O'Reilly added.
Under the 1868 Act, the Revenue was the licensing authority and he was contending that as the same licensing system had operated for 130 years, even if there was an anomaly, the system could not be altered except under legislation.
He was bringing the proceedings because, while the Revenue had in September last granted a further annual licence, it had indicated in correspondence this was the opera house's last chance and that it would not get a licence under the same scheme this year.
Mr O'Reilly added the opera house had experienced difficulties with a member of the Garda Síochána who had a view on licensing operations.
It had hoped to resolve those "unhappy differences" but a number of summonses had been served on it which were the subject of District Court proceedings.
Judgment in those proceedings was awaited but the opera house had decided to bring the High Court action because it did not know what the outcome would be.
