Agenda item

The Committee was reminded that, at its meeting held on 8th December, 2020, a report had been considered which provided an update concerning a previous request from a promoter who had sought permission to hold a Wild Lights event in Botanic Gardens.  The request had initially been approved at a meeting of the Committee held on 14th January, 2020, however, at the July 2020 meeting of the Council, following a request from the promoter to amend the dates relating to the initial request (due to the ongoing Covid-19 restrictions), it had been agreed that the decision be amended to enable an environmental impact assessment to be carried out.  Following this, the promoter had cancelled the 2020 event stating that the request had created potential operational and contractual difficulties but advised that he was still keen to run the event in future years, however, felt that a light impact assessment survey was unnecessary.

            At the December 2020 meeting, the Members had agreed that a briefing paper would be submitted to a future meeting in respect of the legislation that existed around bats and their habitats. 

            Subsequent to this, at the January 2021 meeting of Council, it was further agreed that the briefing paper would include a legal opinion as to whether the Council, having asked one promotor to carry out an environmental assessment for the use of Botanic Gardens, had set a precedent to require all future promotors to do the same and also include any relevant legal considerations which the Committee should be aware of in relation to the potential 24 hour opening of the Council’s Parks.

            The Members considered the report, following which it was:

Moved by Councillor Smyth,

Seconded by Councillor Flynn,

      “That the Council agrees to carry out an initial survey to see if and where bat roosts are in Botanic Park. Following which a report would be submitted to a future meeting of the Committee detailing what measures would be put in place to protect any sites for the duration of the event and those conditions would be built into the licence for the event.”

            On a recorded vote, six Members voted for the proposal and eleven against, with one no vote and it was declared lost:

            The Members noted the legal opinions in regards to setting a precedent and also that the 24 hour opening of the Council’s Parks was permissible under the Council’s Bye-Laws. 

            In respect of the legislations pertaining to bats and their habitats, the Committee noted that, in the absence of assessments, officers would work with promoters to ensure compliance with all legal requirements, including legislation and it was requested that officers would ascertain the cost of a bat survey for future reference.

            Following discussion, the Committee agreed to vote on the recommendation in the report to uphold the agreement of the Committee from January 2020 for the use of Botanic Gardens, throughout November/December up to December 2024 (inclusive), subject to any changes in Council policy and process in relation to event and environmental impact going forward.

            On a recorded vote, eleven Members voted to accept the recommendation and six against, with one no vote and it was declared carried: