Agenda item

            The Committee considered the undernoted report:

“1  Relevant Background Information

1.1The Committee is asked to note that the council has received a request for the use of the summer soccer playing fields in Ormeau Park for Vital Festival concerts in August 2011, with an audience of approximately 35,000 people per day, from Denis Desmond, of MCD Productions, Park Road, Dunlaoghaire, Co Dublin.

2    Key Issues

2.1       The key issues for the Committee to consider are:

1.     The Council wishes to promote the use of its parks and open spaces and where appropriate will permit the use of these facilities for large events and concerts.

2.     In this particular instance the council has received a request for a minimum of two and a maximum of three concerts between 22 – 26 August 2011, each based on a 35,000 capacity each show.

3.     The concert promoter is aware of the normal charges applied for concerts i.e. £2 per person for the first 11,000 and £3 for each person thereafter.  For 3 concerts with a maximum of 35,000 people attending the potential fee would be £304,000.  However on this occasion the promoter has offered the council the sum of £20,000 per show day, giving an income of £40,000 for the minimum 2 shows and £60,000 for the 3 shows.

4.     The committee should be aware that another promoter has accepted the charges outlined in paragraph 3 this year and permission was granted accordingly for a concert in Botanic Gardens in June 2011.  These charges have been paid previously for an event at the North Foreshore and there is a need for the council to act in a consistent way in setting out the terms and conditions for hiring of land.

5.     The concert promoter is aware of the need for the payment of a Bond of Intent of £10,000 which must be completed prior to confirmation that the venue shall be available.

6.     A bond of reinstatement for £40,000 shall be paid prior to the event taking place and be part of the legal agreement.

7.     The promoter has indicated that alcohol will be sold at the concerts.

8.     The park will remain open as usual during the concerts as a ten foot high fence erected on the boundary of the concert area, shall demarcate the event.

9.     The operational management of the event by the promoter shall require the exclusive use of the Ozone car park from 22 – 26 August 2011 and partial use in the remaining period of 13 – 31 August 2011.  This would have significant impact on the operation of the Ozone Centre.  The loss of income is estimated at approximately £6,000.

10.   The promoter has confirmed that the park and Ormeau Embankment would be cleansed from litter during and after each event by a hired service provider at his expense.

11.   The event would be subject to the preparation of an event management plan which would cover all aspects of management including health and safety, access and shall comply with the current events policy.

12.   The events will adhere to the requirements of the entertainment licence.

13.   The genre of the music will be compatible with the locality.

14.   A legal agreement shall be prepared by Legal Services.

15.   Consultation shall be conducted by the concert promoter with local stakeholders such as local residents, local commercial operators, etc.

16.   The promoter will ensure adequate care for the occupants of the dwelling within Ormeau park;

17.   Some soccer bookings may have to be deferred to alternative locations during the concert period.

18.   MCD Promotions were granted the use of OrmeauPark for a concert last year for 2 nights between 14 – 26 August 2010 which did not take place.  A bond of intent of £4,000 was to be paid at the time, however MCD have so far failed to pay this bond.  The outstanding bond of intent figure must be paid as a precondition to approval of a concert.

3    Resource Implications

3.1Financial

      A bond of intent of £10,000 must be paid to the council before approval is given for this event.  Also the promoter must pay the outstanding bond of intent of £4,000 from last year before approval is finalised.  The fee stated by the council shall be paid prior to the event taking place and be part of the legal agreement.  There is an estimated potential loss of income to the Ozone Tennis Arena of approximately £6,000 during the time the car park will be closed.

3.2              Human Resources

There may be overtime required by staff to assist with the management of the proposed event which would need to be met from the fee charged.

3.3              Asset and Other Implications

The promoter shall ensure a minimal impact on council property and they shall provide a bond of reinstatement of £40,000 prior to the event as part of the legal agreement.

4    Equality and Good Relations Considerations

4.1There are no equality implications.

5    Recommendation

5.1It is recommended that committee grants permission for MCD to hold the proposed event at Ormeau Park on agreement of the payment of the normal charges applied for concerts i.e. £2 per person for the first 11,000 people and £3 for each person thereafter and provided that:

(i)          the event organiser meeting all statutory requirements including licensing agreements;

(ii)         the payment of the outstanding bond of intent of £4,000 from last year and the proposed Bond of Intent figure for this year of £10,000;

(iii)        the timely payment of the Bond of Reinstatement of £40,000;

(iv)       the event organiser resolving all operational issues to the council’s satisfaction; and

(v)        an appropriate legal agreement being completed and agreed by Legal Services.”

            The Director informed the Committee that the promoter had now paid to the Council the outstanding bond of £4,000 from last year and the Bond of Intent of £10,000 for this year’s proposed event.

            The Committee adopted the recommendation.