Ireland's largest sex shop will continue to sell exotic underwear and marital aids opposite the GPO following Dublin Corporation's decision to abandon its legal battle with the store.
In the High Court yesterday, Mr Justice Kelly struck out the proceedings and awarded costs to the Ann Summers retail chain. A spokeswoman said she was "delighted" with the corporation's decision to withdraw the notice directing them to stop operating in Lower O'Connell Street. The City Manager, Mr John Fitzgerald, said the notice, issued last November, was the first of its kind served by the corporation. It was originally issued in the hope that it would be enough to persuade the store owners to relocate. "Generally when a new business comes to town they tend to be guided by the views of the local authority," he said.
"In this case this did not happen. Our legal advice was that it would be unwise to pursue the case." It had never been about censorship, he added.
The notice was served because the corporation held that the store, which sells exotic lingerie, sex books and novelty items, was operating contrary to the Integrated Area Plan (IAP) for O'Connell Street. Mr Fitzgerald said they had been determined to do whatever they could to ensure the proper planning and development of O'Connell Street. He was unsure how much the legal bill would be, but it would be a "relatively minor sum" and would have been far greater had they continued.
The outcome highlighted the need for stronger planning legislation, and the corporation would be meeting the Department of the Environment on this issue, he said.
A spokeswoman at the Ann Summers head office in London refused to confirm that stores were being considered for Galway, Limerick and Cork, but said that further expansion was possible.