O2 Couldn’t Freeze Out Ice Show
The owners of Dublin’s
The High Court has dismissed a claim that putting on the show would be a breach of the complex’s planning permission, according to Ireland On-Line.
O2 owner Amphitheatre Ireland Ltd. said Citywest’s permit excludes public concerts and allows for the centre to be used only as a conference centre or function room.
Justice John Hedigan dismissed the action because he was satisfied there was nothing in the planning conditions to prevent Citywest from hosting the Disney show, Ireland On-Line said.
He said he didn’t accept that “Disney On Ice” is a concert, because it isn’t 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 explained. “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.”
Although Mansfield Group – which runs Citywest – claimed The O2 had taken the matter for court for competitive reasons, Justice Hedigan said the fact it may have a commercial interest in the proceedings was not a bar to them bringing the action.
He said competitors had a legitimate interest in ensuring a level playing field in respect of the planning process.