O2 loses action against Citywest

The High Court has dismissed a legal action brought by the owners of Dublin's O2 venue aimed at preventing the Citywest Hotel complex hosting the Disney on Ice show.

Amphitheatre Ireland Ltd, the owners and operators of the O2, had claimed the intended hosting of the Disney on Ice show next December and January was a breach of the terms of the planning permission granted to the Convention Centre at Citywest.

Today Mr Justice John Hedigan said he had to refuse the application brought by Amphitheatre against HSS Developments, trading as Mansfield Group, Keating Park, Rathcoole, Co Dublin because he was satisfied there was nothing in the planning conditions which precludes Citywest from hosting the Disney on Ice Show.

Amphitheatre Ireland Ltd has asked the judge for a range of orders, including one prohibiting use of the Convention Centre for the hosting of the Disney on Ice Show. Amphitheatre argued that the permitted uses of the Convention Centre excludes public concerts and allows only for the centre to be used as a conference centre or function room.

The Mansfield group had opposed the action and say they are fully compliant with the terms of the centre's planning permission. It also claims the O2 has brought its action for commercial reasons.

In his judgment Mr Justice Hedigan said that he did not accept that the Disney on Ice was a concert. While it was undoubtedly a public event it was not a performance by an orchestra or a rock band.

"The decisive element in my view is that a concert in the ordinary sense of that word would refer to an event which is primarily about the performance of songs or other music," he said.

"While music may be an element of the Disney on Ice show, it is not an event where the primary motivation of the audience attending would be to hear the music performed," said the judge.

He added that he did not wish to express any opinion on whether the notion of a public concert requires the performance of live music, as it is not unknown for singers giving public performances "to mime to pre-recorded music."

The judge also held that Disney on Ice is in the nature of a public function and was similar to events previously held at Citywest such as "Lord of the Dance" and "Spirit of Christmas" and therefore within the existing uses of the complex.

While accepting that there was a breach of a planning condition relating to the limiting of patrons using the centre the judge said that was not a ground in which he could make an order in favour of Amphitheatre.

The judge said that South Dublin County Council were aware of the breach, which he said was technical in nature, and did not consider it necessary to bring enforcement proceedings. The Judge said a draft agreement had been sent to South Dublin Co Council in February, but the council had not responded to it.

The judge said that as the agreement was part of the planning conditions he hoped that the council would address the matter.

The judge added the fact Amphitheatre, as a competitor, may have a commercial interest in the proceedings was not a bar to them bringing the proceedings. Competitors had a legitimate interest in ensuring a level playing field in respect of the planning process, the judge held.