But it has raised questions about the future of the legalised sex industry in
the city and across the province.
The owner of Miss Behavin' Ltd, based in Gresham Street, applied for a licence
in May 2002, but it was refused in March 2003 when Belfast City Council
announced a total ban on sex shops in that area. Although that original
decision was backed by the Northern Ireland High Court, the Northern Ireland
Appeal Court reversed it, saying that the company was entitled to a licence.
But recently - after a four-year legal battle - five of the UK's top judges in
the House of Lords unanimously overturned that judgment which said that Belfast
City Council had contravened the human rights of the company by refusing the
licence to trade.
The owner is now believed to owe an estimated £400,000 in legal costs. In
Northern Ireland it's legal to open a sex shop, but it is also legal for
councils to determine where they shall located.
If it is in an area where they deem unsuitable, council fathers have the right
to refuse the trading application.
And the reasons that led to the initial refusal of the trading licence at Miss
Behavin' was the shop's locality. Councillors said they were worried that the
sex shop was in the vicinity of schools, a public library and family shops.
Now, no sex shop is allowed to trade in that street.
And no sex shop in Belfast currently holds a licence. Any that are operating,
are doing so illegally.
The six shops in Gresham Street have remained open in the area for some years,
but by withholding trading licences the council has never officially
legitimised them as businesses.
And following this week's decision, each business is now facing a £20,000 fine.
In the Lords' ruling, Baroness Hale said there were "far more important human
rights in this world than the right to sell pornographic literature and images
in the back streets of Belfast city centre".
But while attitudes to the sex industry and sex shops in Northern Ireland
remain in public conservative ones, the shops, although open illegally, have
generated enough profit to stay open.
And despite the ruling it still remains unclear exactly when the shutters will
come down on the controversial shops. Those running the sex shops have said
they will remain trading until they are forced to.
"I am going to keep on going until they stop me - I've got to feed myself," one
said.
Sex shop workers have also said there is a fear that the judgment could lead to
the trade of pornographic DVDs going underground.
The decision in Belfast has already led to one sex shop owner in the north west
drumming up public support in his battle with Derry City Council to be issued a
licence through a petition. The council has previously refused to give the shop
a licence.
Belfast City Council said in terms of their opposition and pursuit of the legal
case "morality was not an issue".
But the decision - described by the council as "groundbreaking" - does not
necessarily mean that sex shops will never open legally in the city.
As Trevor Martin, head of building control at the council, explained the city
council is not trying to put sex shops out of business. Instead the council has
said in that area of Gresham Street, the number of sex shops " will be nil".
"There is a possibility that, if someone comes up with an application for an
area that is not like Gresham Street, that doesn't have the same effect with
churches or schools, the council could come to a different determination," Mr
Martin said.
So, in theory it is possible that a sex shop could legally open in Belfast, but
the application would have to be approved by councillors.
