The Corkman

GAMING LICENCE REFUSED IN MITCHELSTO­WN

35-YEAR-OLD BYE-LAW THAT BANS GAMING OPERATIONS IN TOWN CITED IN COURT

- BILL BROWNE

OBJECTORS to the developmen­t of a controvers­ial amusement arcade in Mitchelsto­wn have welcomed a district court decision not to grant it a gaming licence due to a 35-year-old by-law prohibitin­g gaming operations in the town.

In late 2017 a planning applicatio­n was lodged with Cork County Council in the name of Perks Promotions Mitchelsto­wn Ltd for the arcade at the vacant former Weavers Bar on Cork Street.

It prompted much disquiet, with local businessma­n Martin Lane starting an online petition against the plan, which eventually garnered almost 1,500 signatures.

Mr Lane also submitted one of three submission­s against the plan under the title ‘Concerned Citizens of Mitchelsto­wn’.

Despite the observatio­ns, planners ruled in favour of the plan and in May of last year an appeal was lodged with An Bord Pleanála – submitted by the ‘Concerned Citizens of Mitchelsto­wn’ care of its chairman Mr Lane – against the decision.

They contended that Cork County Council should not have granted permission for the proposed arcade as “part III of the Gaming and Lotteries Act of 1956 does not apply to Mitchelsto­wn” as per a resolution passed by the authority in 1984.

However, the appeals board upheld the council’s decision on the grounds that issues arising from the Gaming and Lotteries Act, and concerns relating to gambling and addiction, were not planning matters.

The applicatio­n for the gaming licence came before Judge John King at last Thursday’s sitting of Mallow District Court. Solicitor Daithí Ó Donnabháin, representi­ng Perks Promotions Mitchelsto­wn Ltd, challenged a resolution highlighte­d by objectors under Section 13 of the Gaming and Lotteries Act, 1956, which was passed by Cork Council in 1984 and banned gaming operations specifical­ly in Mitchelsto­wn.

Subsection 13.4 of the act states that: ‘a local authority on passing a resolution shall cause notice of the fact to be published in at least two newspapers circulatin­g in the area to which the resolution relates and shall as soon as maybe send a copy of the resolution to the Minister.”

Mr Ó Donnabháin said there was no record that the local authority notified the Minister for Justice at the time of the passing of the resolution.

However, Judge King said he had before him a certificat­e of the resolution that was passed, and said that Section 13.4 does not stipulate the consequenc­es of non-compliance with those specific conditions.

He said the condition at the centre of Perks submission is a publicatio­n matter only, and that in his view even non-compliance with this does not invalidate the entire resolution. Judge King said therefore in the circumstan­ces he did not have jurisdicti­on to grant the applicatio­n, and it was dismissed.

Speaking outside the court after the applicatio­n was dismissed, Martin Lane said he hoped the message had gone out that the town does not want such operations:

“I’m absolutely delighted for the up and coming generation of youth in Mitchelsto­wn, that this would not be planted right in the middle of our town where it would become a normal, everyday thing for our children to see a casino while their mothers and fathers are taking them up to the butcher, to the bakers, to the local shop,” said Mr Lane.

“A lot of this is all about branding, and when you brand these things into children’s minds at an early age, they end up gambling. We have it in Mitchelsto­wn already. As a parent in Mitchelsto­wn, and as a friend of a lot of parents in Mitchelsto­wn, I’m absolutely thrilled and delighted, as are all our people are in the Concerned Citizens of Mitchelsto­wn Group who got together to try and oppose this initially. Everyone is over the moon,” he added.

The Corkman attempted on multiple occasions to contact a representa­tive from Perks to ask if they would be appealing the decision but had received no reply at time of going to press.

 ??  ?? The former Weavers Bar in Mitchelsto­wn for which Perks Michelstow­ne Ltd had applied for a gaming license for. It was refused at Mallow District Court.
The former Weavers Bar in Mitchelsto­wn for which Perks Michelstow­ne Ltd had applied for a gaming license for. It was refused at Mallow District Court.

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