Jade Winters

The owner of a premises that is being used as an adult cinema in the city is to bring proceedings against the tenants in the Circuit Criminal Court in a bid to have them evicted.

R Byrne Concrete Ltd was fined €1,000 before Galway District Court in January for the unauthorised use of the building at Unit 3, Liosbán Industrial Estate on the Tuam Road.

The company was also ordered by the court at the time to have its tenants, the Jade Winters Adult Store and Cinema, evicted by the end of June. The eviction never took place and the City Council decided to bring R Byrne Concrete Ltd back before the District Court this week for noncompliance of the court order and for continuing the offence since the court order was made.

Update: Winters Continue

9th March 2010.  See article from galwaynews.ie

Galway's Jade Winters sex shop has been allowed to remain open on condition it closes adult film viewing booths on its premises immediately.

Landlords, R. Byrne Concrete Ltd had sought an order before Galway Circuit Civil Court to have tenants Anipax Ltd evicted from its premises for breach of its tenancy agreement.

The owner of Galway’s adult cinema continued to elude city council officials this week after efforts to serve notice on the mystery businessman proved repeatedly unsuccessful.

District Court Judge Eamon O’Brien granted Galway City Council solicitor Robert Meehan permission a fortnight ago to have the owner of the Galway city cinema, who was named as John Kelleher, brought before the court on July 17.

Meehan was seeking to have Kelleher give reasons why he should not be imprisoned for contempt of court after he refused to comply with an order issued last month that directed him to close the cinema.

The court order, which was issued on June 4 by Judge Mary Fahy, ordered the Jade Winters sex shop and the adjacent adult cinema to close and remove all signage from its premises after the courts were informed that they were operating without planning permission.

When Kelleher failed to comply with the court order the city council began the proceedings to gain permission to have him brought back before the court for contempt. However, the council was never able to serve notice on Kelleher because they were unable to trace a person by that name within Galway city.

As of Friday the Galway City Council had received no update on the whereabouts of the person in question.

The 24-seat cinema, which was first brought to the attention of officials by Mayor Padraig Conneely in May, is located behind the Jade Winters sex shop in the Liosban Industrial Estate on the Tuam Road.

As of late the shop and the cinema remain open for business.

The operator of two cinemas showing adult movies, was ordered to close them for non-compliance with planning regulations, when the matter came before Galway District Court on Wednesday.

Businessman John Kellegher, who operates Jade Winters sex shop in Liosban Industrial Estate, was not represented or in court to hear Galway City Council’s case against him.

Solicitor for the local authority, Robert Meehan, said he had been notified that the matter would not be contested.

Enforcement officer, Michéal Duffy, gave evidence that when the building was first inspected last August half of the premises, which is meant to be used for retail use only, was found to have two cinemas, a 12 and 9 seater, as well as video booths and private rooms. There was also unauthorised illuminated signage to the front.

The Galway City Council is to issue legal proceedings against an adult cinema believed to be operating in Liosban without planning permission.

Cllr Padraig Conneely hit out this week at the operation of the cinema at the Jade Winters adult shop in the Liosban Industrial Estate. The cinema, which has been showing hardcore pornographic films in two small cinemas and a number of private booths, was found to have been altered apparently without planning permission when a city council planning inspector visited the premises last November.

The inspector found that half the premises — which has planning permission to operate as a retail outlet — was being used as a cinema, with two large screen cinemas, a 12-seater and a nine-seater, six video booths, and four private rooms, along with additional signage to the front of the premises.

In a report on the inspection a city council planning officer stated that she had been unable to locate any planning permission for the cinema or the signage.

The council issued the company with a warning letter, advising the manager to cease the unauthorised use of the cinema and to remove the additional signage and reinstate the premises to its former condition. An enforcement notice was also subsequently issued to the company.

Cllr Conneely called on the Galway City Council and the Garda to investigate the operation of the cinema when it was brought to his attention at the weekend. The cinema is believed to have been showing a selection of gay and straight sex films throughout the day for a €12 admission fee, with free admission for women.

The case is expected to come before Galway District Court on Wednesday June 4.