AN adult shop has been given the green light to continue operating from its Bloomfield Street address, despite Redland City Council claiming in October the store breached state laws.
Council issued adult shop Naked Passion a "show cause" notice in October calling on the owners to explain why they should be allowed to trade in the heart of Cleveland.
The shop was trading in Cleveland for more than three years at premises less than 75m away in the same street before it moved to the new premises in August.
The notice claimed the shop, which sells videos and hires out strippers, was in breach of the State Planning Regulatory Provision for Adult Stores.
According to the law, an adult store cannot open within 200 metres walking distance of a "sensitive use area" in other words, a child care centre.
The council said the busy Cleveland arcade was no place for an adult shop and the business would not be lawful in that location without council approval.
However, less than two months after issuing the notice, the council backed down and allowed the adult store to remain in the rented premises at 109 Bloomfield Street.
"Following expiry of the show cause notice, council officers considered all relevant information including planning and legal advice and it was determined that insufficient grounds exist to prevent the store from moving to the new location," council said.
Nearby shop owner Tracey Jepsen, who owns Jeppo Gelato ice-cream parlour, complained the adult store was within 200m of child care centres and got more than 200 signatures on a petition asking council to move the shop.
However, shop owner Leah Day said the shop was more than 200m from "any sensitive area" and was glad the council had "come to its senses and started acting like an adult".
"We haven't broken any law and nor would we try to," a relieved Ms Day said.
"It's a storm in a teacup that started when a disgruntled nearby shop owner complained to council."