The Royal Dublin Society has failed to secure a "theatre" licence for its Simmonscourt Pavilion, which would have enabled it to sell drink seven days a week when events are being held. At present it has only an "occasional licence", which restricts the times alcohol can be sold. In a High Court action, the RDS had complained that a rival venue, the Point, had a seven-day licence, giving it a substantial advantage. Following High Court proceedings in 1993, the Point secured an excise licence under Section 7 of the Excise Act on the ground it constituted an "other place of entertainment" within the meaning of the section.
The RDS sought to quash a 1996 decision of the Revenue Commissioners refusing it a theatre licence under Section 7 of the Excise Act. It also asked the High Court to make an order directing the Revenue Commissioners to grant it a theatre licence.
Giving his reserved judgment yesterday, Mr Justice Barr said the range of events at Simmons court differed substantially from those at the Point.
A majority of events were trade or other exhibitions, most continuing for a period of days. The judge said he had no difficulty accepting that events such as horse shows, boxing and tennis tournaments qualified for inclusion as "public entertainment" within the meaning of Section 7 and were within the ambit of Sections 20 and 21 of the Intoxicating Liquor Act in the same way as were pop or classical concerts, operas, ice and fashion shows.
They all shared in common the concept that they were public entertainments for the benefit of, by and large, a static audience that was usually seated for the performance which had a defined timespan limited to a period of a few hours.
Trade and other exhibitions in general terms did not have those characteristics. Mr Justice Barr said he had no doubt the preponderance of events envisaged by RDS were outside the parameters of Section 7 and the Revenue was obliged to refuse the seven-day licence sought.