Council to seek new legal advice on preserving Bewley's

Dublin City Council is to seek new legal advice on its powers to protect Bewley's cafes following the news that the Minister for the Environment, Dick Roche, will not intervene to save them.

The council had asked Mr Roche to use his powers to preserve the cafes because of their cultural and historic value.

However, in a letter circulated at last night's council meeting, the Minister has indicated that he would not become involved in the matter.

The Campbell Bewley Group closed the Grafton Street and Westmoreland Street stores late last year, claiming that the operation had become unviable.

The response from the Department of the Environment, on Mr Roche's behalf, states that the Minister is "not in a position" to dictate the usage of buildings, and that it is the responsibility of the council to use what powers it has to protect "the architectural integrity" of the property.

Following the Minister's response, the city management received legal advice that under the terms of the current planning legislation, the council would be unable to preserve the cafes.

However, councillors last night said they were dissatisfied with the legal opinion and have instructed the city manager to seek new legal advice.

Lord Mayor Michael Conaghan, chairman of the Save Bewley's Cafe Campaign, said he believed the legal opinion was an "inadequate interpretation" of the planning laws.

"It's a very conservative opinion based on flimsy grounds," he added.

"If we allow Bewley's to go, this city council will have failed a very important test about the future of the city."

However, Cllr Conaghan's Labour Party colleague, Eric Byrne, said he was being overly romantic and sentimental about the cafes.

"The Bewley's of the past is not the Bewley's of today, it's not a Bewley's of a romantic Ireland that's dead and gone," Cllr Byrne said.

Fianna Fáil councillor Tom Stafford said he supported the Minister's reluctance to become involved.

"We can't condemn owners of a building to run a non-profitable business," he said.