Club Lapello, a lap dancing club in the centre of Dublin, scored an historic first today when it was granted a public dancing licence.
Judge Katherine Delahunt said in the Circuit Civil Court there had been no suggestion put to the court that anything illegal was taking place in the club on Dublin's Dame Street.
She said the gardaí, who gave evidence of scantily dressed hostesses dancing for male customers, had objected to Starshine View Ltd., trading as Club Lapello, obtaining a public dance licence.
They had based their objections solely on the grounds that the club's basement premises were unsuitable for public dancing and that there was no dance floor facility for such an activity.
Mr Aidan Walsh, S.C., who appeared with Ms Carol O'Kennedy, for club owner Christopher Kelly, said public dancing had been defined in law as "the movement of a person, with or without music, in a dance in which they were entitled to participate actively". He said the District Court had refused to grant a licence on the grounds that the premises were unsuitable and that there had not been a proper public dance floor in the premises at that time.
Mr Walsh said a designated wooden dance floor had since been provided in the club and the owners had overcome previous difficulties with regard to security and access.
The court heard that up-market patrons, some of them female, paid a £10 admission fee on weeknights and £18 at weekends and drank wine or champagne as they were entertained by table and pole dancing.
He said the club required a public dancing licence to facilitate patrons dancing with long gowned hostesses or with their guests.
Several garda witnesses gave evidence of having visited the club on 15 occasions both prior to and since the District Court hearing. The clientele was almost exclusively male and dancing girls were scantily dressed and some wore "G" strings.
On no occasion had gardaí, whose visits were on each occasion were confined to two or three minutes, seen members of the public dancing either alone or with each other. Nothing illegal took place in the club and their objections were based on the club's unsuitability and the lack of provision of a proper dance floor.
Sgt Anthony Brophy told Judge Delahunt of one visit when he saw scantily clad ladies gyrating on a pole on a dais.
Judge Delahunt said that in building the dance floor and in fully co-operating with the Garda Siochana both on security and supervision the club had turned their premises around into what, under the Public Dancing Acts, was a suitable premises.
In overturning the decision of the District Court, which refused to grant a licence, she said that provided provision was made for public dancing it did not follow the dance floor had to be used at all times.