Ireland's highest governing body, the House of Lords, made what was described by some as a groundbreaking decision on Wednesday when it ultimately denied a local sex shop a business license. The ruling overturned a judgment by the Court of Appeals a year and a half ago.
According to a report in the Belfast Telegram, the shop, called Miss Behavin', originally took legal action in 2003 to challenge a council decision to refuse it an operating license.
The council ultimately decided that the area the shop was located in was "not an appropriate place for sex shops." The Northern Ireland High Court ruled in favor of the council in 2004, but the decision was reversed by the Appeal Court a year later, the Telegram reported.
The implication of the House of Lords decision will mean that council prosecutions against Miss Behavin' and five other sex shops in the area for trading without a license will proceed. The cases against the four other shops were on hold, pending the House of Lords decision. In addition, the owners of Miss Behavin' can expect a bill of some £400,000 after the council was awarded legal fees.
"I think the House of Lords case sets a precedent to third party bodies right across the United Kingdom," Trevor Martin, head of building control at the council, told the Belfast Telegram.
Martin went on to say that this one not a move to ban all sex shops in Belfast, but rather the specific area of the city. "Belfast City Council has not said no to sex shops…we have said no to sex shops in that area."
