Mr. Colin Ryan:

In regard to the Chairman's direct question, there are a couple of issues that need to be borne in mind with regard to enforcement, as Ms Martin pointed out. First, there has to be a condition of permission and it has to be clear, reasonable and enforceable. If there is no condition of permission in regard to the opening hours of a particular facility, then no condition has been breached. The second issue to bear in mind, as Ms Martin pointed out, is that planning enforcement is ultimately a legal process, a process that goes to the courts, and as it is a criminal conviction that is in place, it requires a criminal level of evidence in order for a judge to ultimately make a decision. Therefore, enforcement of the condition is a capability but there must be a clear, enforceable condition that is clearly stated. It cannot just be something that is valid or useful; there must be a breach of planning for it to be enforced.