A number of residents of North Great Georges Street in Dublin, including Senator David Norris, have brought a High Court challenge to the manner in which a District Judge rejected their objection to the renewal of a liquor licence for the Belvedere Hotel, owned by a company whose directors include Fianna Fáil TD Donie Cassidy.
The group want to overturn an order made by Judge Hugh O'Donnell on May 3rd, 2006, in which he dismissed their objection to an application by Palmece Limited to renew a licence for the sale of intoxicating liquor at the Belvedere Hotel, located at Rutland Place and North Great George's Street, Dublin.
They also want an order quashing the certificate for renewal of an intoxicating liquor licence attached to the hotel.
Mr Cassidy, Fianna Fáil TD for Westmeath, is a director of the company, Walkers Belvedere Hotel Ltd, which owns the Belvedere Hotel, while Palmece Ltd is the holder of a hotel licence with public bar facilities at the Belvedere Hotel.
The case, before Mr Justice Kevin Feeney, has been brought by 11 residents of North Great George's Street and members of the North Great George's Street Preservation Society, including Senator Norris, three architects and fashion designer Jen Kelly.
They claim Judge O'Donnell acted without, or in excess of, jurisdiction in his handling of their objection. They claim he prejudiced their objection prior to hearing submissions on their behalf and failed to take all relevant matter into account in adjudicating upon their objection.
They also allege he conducted the hearing in such a manner as to give rise in the mind of an impartial observer to a suspicion justice was not done and the matter was not determined impartially.
In court yesterday, Anthony Collins SC, for the residents, said they were objecting to the renewal of the licence because conditions set down by a planning permission granted in 2002 had not been satisfied to date.
When Judge O'Donnell delivered his ruling on the residents' objection, he admitted he had prepared the text of the ruling prior to the hearing, counsel said. The District Judge's order was bad, counsel contended.
The group, owners of protected structures, lodged a notice of objection to the renewal of an intoxicating liquor licence at the Belvedere Hotel held by Palmece Ltd, which is a notice party to the High Court proceedings against Judge O'Donnell.
In 2002, Dublin City Council had granted planning permission to Mr Cassidy in relation to an extension for the Belvedere Hotel. The permission was on the basis of conditions that conservation works be carried out including reinstatement of the original door case at No 1 North Great George's Street and removal of cement render.
The residents group claim those conservation works have not been done and that the public house on the premises has been continuously open to the public despite the planning authority's requirement the conservation works be carried out before its opening.
Mr Justice Feeney said he will hear the case on July 27th.