Shop stays open after court ruling

TRURO'S controversial sex shop will stay open for the short term despite the Christian Institute's (CI) attempts to stop it trading immediately.

On Monday the High Court threw out the case brought by the group and city councillor Armorel Carlyon against Little Castle Street's Mrs Palm Ltd.

The shop was given a licence to sell films and magazines rated Restricted-18 (R-18) in September last year.

But the decision went against the former Carrick District Council's 'zero sex shop' policy, which Cornwall Council's legal advisers warned the unitary authority could not overrule.

The licence was withdrawn, but the shop was granted an emergency waiver to trade until the licence was re-determined. The CI's barrister Juan Lopez argued a waiver should only be granted in exceptional circumstances.

On Monday The Hon Mr Justice Hickinbottom ruled in favour of Cornwall Council's decision to grant the waiver, staying a judicial review into the granting of the licence, which is being sought by CI and Mrs Carlyon, until September 21.

The CI was also ordered to pay Cornwall Council's costs in full, estimated at £8,000.

Joint owner of the shop, Braxton Reynolds said: "I'm relieved that Mr Justice Hickinbottom found in favour of the decision of the council that the business, for which no regulatory issues at all have been raised, should be allowed to trade and that it would be unfair and unreasonable to stop us trading for a few weeks. It would be commercially inappropriate."

Speaking after the High Court ruling Mike Judge, head of communications at CI, said: "We're disappointed because we felt having accepted that granting of the licence was unlawful, and particularly because of the location, it shouldn't be allowed to remain open without a licence.

"The legislation says the council has to take into consideration the suitability of the location. If right next door to a school uniform shop is regarded as somewhere suitable then anywhere is suitable, it makes a mockery of the law."

The redetermination of the licence is expected to take place on September 7 in St Austell.