Date set for sex shop prosecution

The shop owner is taking his case to Europe

A Belfast city centre sex shop is to be prosecuted for trading without a licence.

In 2003, the city council refused to grant Miss Behavin' Ltd a licence to operate a sex shop in the Gresham Street/North Street area.

However, the issue has been the subject of a legal wrangle over the past four years.

The council case against Miss Behavin' Ltd, which has been pending since 2005, will now go ahead on 18 December.

After the licence was refused, Miss Behavin' Ltd applied to the Northern Ireland High Court for a judicial review of the ruling.

That court dismissed the application and found in favour of the council in 2004.

Human rights

However, that decision was reversed by the Northern Ireland Court of Appeal in September 2005.

In November 2005, Belfast City Council decided to appeal the Court of Appeal judgement to the House of Lords.

Five Law Lords unanimously overturned the Court of Appeal judgement in April, and awarded the council costs.

Miss Behavin' Ltd is appealing that judgement and has now lodged papers with the European Court of Human Rights.

Last week, an application on behalf of the defendant to adjourn the prosecution pending the outcome of the European Court, was rejected by Belfast Magistrates Court.