Sale of alcohol could be curbed at Thomond Park after Bord Pleanála ruling

Referral for clarification made by a local resident who said the area was adversely impacted by tents erected for European Rugby Champions Cup matches

It has emerged that Limerick City and County Council issued Munster Rugby with an enforcement notice in 2023 requiring it to remove a large tent adjacent to the stadium’s Dug Out bar. File picture: Brendan Moran/Sportsfile

Rugby fans attending Thomond Park could face a curb on sales of alcohol after An Bord Pleanála ruled that permission is needed for tented structures regularly erected around the stadium on match days.

The ruling comes as it emerged that Munster Rugby was issued with an enforcement notice in March 2023 by Limerick City and County Council requiring it to remove a large tent adjacent to the stadium’s Dug Out bar as it was “an unauthorised structure". 

Following a referral of the issue by a third party, An Bord Pleanála has now clarified the planning status of temporary structures at three distinct locations around Thomond Park.

Shannon RFC also affected

The decision also applies to Shannon Rugby Club which is a tenant of Thomond Park, which erects one of the marquees near its clubhouse close to the stadium.

The board concluded that the use of the tented structures constitutes development which is not considered exempt from the requirement to obtain planning permission.

The appeal to An Bord Pleanála followed a declaration by Limerick Council in March 2023 that two of the structures near Shannon’s clubhouse and behind the South Terrace came within the scope of what were classified as “exempted development".

However, the board ruled: “The placing of tents or temporary structures for the sale of alcohol is not, of itself, a development for amenity or recreational purposes that can avail of…exemption.” 

The referral for clarification was made by a local resident, Pat Downes, who claimed the area was adversely impacted by tents erected inside and outside Thomond Park for European Rugby Champions Cup matches. Mr Downes said: 

“These marquees cause a serious injury to property arising from noise, general disturbance, and visual impact on the landscape and should be the subject of a standard planning application process."

He claimed the structure behind the South Terrace directly faced the residents of Mayorstone.

Mr Downes argued the structures are used to provide floor space for the sale of alcohol in order to increase profits which does not allow them to avail of any Class 37 exemption which permits the use of temporary structures for cultural, political, social, recreational, and sporting purposes without requiring planning permission.

Claim that Class 37 does not apply

He claimed Class 37 was designed to facilitate local events of a limited nature rather than European Cup matches at Thomond Park which can be attended by 26,000 people

He complained that the tented structure adjacent to the Dug Out bar had been erected “almost permanently for the last number of years.” 

However, an inspector with An Bord Pleanála said the structure was not in place during a site visit in July 2024, although marquees at the other two locations were observed.

The inspector noted that no evidence had been provided to show that any works had been authorised to facilitate the erection of the structures at the three locations for the sale of alcohol on match days.

She said matches at Thomond Park could not be considered “local events” under Class 37 exemptions given the size and capacity of the stadium, notwithstanding that they were a sporting event.

Planning files show the marquee located near Shannon’s clubhouse was also previously the subject of an enforcement case which concluded after the structure was removed.

Exemption order

Limerick City and County Council subsequently issued a certificate of exemption in July 2022 for the marquee to be erected on certain dates for fundraising discos and some matches.

The council said it was satisfied that Shannon had not breached any planning laws since the exemption certificate was issued.

However, the inspector with An Bord Pleanála said she did not consider that decision related to the same issue.

The inspector claimed there was a distinction between the use of the marquee for “special events” and “special match dates". She said it had not been demonstrated that special match dates formed part of the council’s decision to grant an exemption.

Neither Munster Rugby nor Shannon made any submission to An Bord Pleanála about the issue.