The local authority had applied for the High Court order in a row over the number of days the funfair could operate
Louth County Council has failed to secure an injunction against the operator of the Blackrock Funfair.
The council applied for the High Court order yesterday following a dispute over the number of days it could operate.
The local authority had granted a licence for just three days.
Speaking on the Agenda with Ken Murray, the operator Killian Allen said he's happy with the outcome:
"We got our full 10 days in court yesterday. We run right through till Sunday and the only difference is we will open at 3pm tomorrow (Thursday) instead of 1pm, because it's a busier day in the village, and where I have a truck and a jeep parked at the front entrance of the car park, I will remove that, creating four spaces."
He also claimed the local authority had no grounds to reduce his licence to three days:
"Under the Planning and development Act, 2000, Control of Fun Fairs subsection a fairground does not require a license so this said three-day licence was null and void - it didn't exist. We don't need a licence and when they were out there from court yesterday they didn't know anything about the control of fun fairs act - we can set up anywhere with landowner's permission for 15 days.
They gave us the permission at the start of the year, like they do every year, and then they rescinded it and came with this three-day limitation about six weeks ago which which was too late we have a ride hired from England, we have a fireworks display costing €3,000 and we plan our year...basically it was like cutting Garth Brooks down to one day. It wouldn't work and it wasn't feasible."
In a statement to LMFM News, the local authority says:
"Following a legal hearing on Tuesday, 12th August, Louth County Council reached agreement with K Allen & Sons Ltd regarding the operation of the Blackrock Funfair.
The agreement provides Louth County Council with the protection of the Courts to ensure full compliance with the terms of the licence.
Under the agreed terms, the festival organisers will operate in a limited capacity, will be fully responsible for all clean-up obligations, have clarified and confirmed insurance and indemnities, and must maintain access for council and emergency services.
Over the next five days, Louth County Council will continue to monitor the situation to ensure that all conditions are met."
