Derry gigs given Ebrington Square go ahead after legal threat

Pete Tong performing at Ebrington Square as part of Radio 1's Big Weekend in 2013

Four Londonderry concerts that were in doubt following a threat of legal action have now been given the go ahead.

The gigs scheduled for Ebrington Square in August had their permission withdrawn by the Executive Office following an objection by a hotel.

The Ebrington Hotel issued a statement on Wednesday evening to say it is now "content" with the events going ahead.

The hotel opened next to the square in July,

It said it understood that the Executive Office, which oversees events at Ebrington Square, had a "duty to consult with them" ahead of a decision to issue licences for concerts.

"This did not happen in relation to the August events," it added, before saying it was content with the gigs going ahead "subject to agreement of conditions with the Executive Office and the council".

Now, the Executive Office has said that following the statement from the company that owns the hotel, it had "amended its decision" on the events and that they could go ahead as planned.

Why were the concerts under threat?

In a letter to the concert promoters, seen by BBC News NI, the Executive Office (TEO) warned it "faces a threat of legal action" by a third party if the August gigs proceed.

The letter did not set out the grounds for the threatened litigation, but it was understood it related to the length of notice given to the hotel about the dates of the upcoming gigs.

It also said the concerts could potentially move to a different site in Derry's St Columb's Park.

Four concerts are planned for the public square at the former military site next month:

• Dance event Stack City Raves on 5 August

• Abba tribute gig Arrival from Sweden on 6 August

• Singer Ryan McMullan on 25 August

• Dance festival Jika Jika on 27 August

BBC News NI understood that the objector was the Ebrington Hotel, which had opened earlier this month.

In January 2022, executive ministers attended the sod cutting to launch the £15m investment in the project.

The Executive Office announced that the hotel would receive £1.75m from Invest NI and £7.25m from the NI Investment Fund.

The parade ground sits at the heart of the former military site

In its statement on Wednesday, the hotel said that it was "committed to ensuring these events are successful and to add to the local tourist offering while managing its other commitments, for example wedding bookings at the hotel".

"An offer to the promoters from the Executive Office to accommodate the events at St Columb's Park followed the failure to consult and recognise the hotel's position," it added.

Previously the Executive Office said discussions were "ongoing about a number of forthcoming events", adding it would be inappropriate to comment further.

It did say the Executive Office had "invested significantly" in the square's redevelopment , which "provides a unique, quality event space", and that it would "continue to host up to five major events per year, together with a range of minor events".

New venue had been proposed

As custodians of the site, only the Executive Office can give permission for events to take place at Ebrington Square and it reserves the right to withdraw that permission at any time.

In the letter to promoters, the Executive Office said as "guardian of the public purse, TEO cannot risk the significant impact of such litigation".

It said that the event "may proceed on the times and dates planned but at the alternative venue of St Columb's Park".

St Columb's Park is adjacent to the Ebrington site and is owned by Derry City and Strabane District Council.

A spokeswoman for the council said it has been in contact with the Executive Office over "this emerging issue" and also with local promoters about the use of St Columb's Park.

• Derry's 'Trafalgar Square' opens

• Bruno Mars closes Radio 1's Big Weekend in Londonderry

She said it has been outlined to promoters that if they wish to use the park as an alternative "council would seek to process applications for entertainment licences as quickly as possible".

"The council recognises the importance of hosting large-scale events in the city and is keen to facilitate local promoters where it can assist in making these happen," the spokeswoman added.

The Executive Office also said it would consider a one-off payment to meet reasonable costs incurred by the promoter from the change in venue.

In the letter, it said that promoters "could be drawn into proceedings seeking to stop the event on Ebrington Square" and "into a claim for compensation by the third party for loss and damage which could be caused to it if the event were to proceed".

Big gigs at Ebrington

Concerts and large events have been held in Ebrington Square since the former parade ground was regenerated and opened to the public in 2012.

It has hosted some of the biggest music events ever held in Derry, including the Radio 1 Big Weekend in 2013.

The Radio 1 Big Weekend in Derry featured acts like Calvin Harris, Bruno Mars and Rita Ora

It featured acts like Calvin Harris, Biffy Clyro, Bruno Mars and Rita Ora who performed as part of Derry's year as UK City of Culture.

The Beach Boys played in the square in 2014, while in 2016 it hosted Dutch DJ Afrojack, the rapper Professor Green and Grammy-nominated singer-songwriter MNEK during an MTV Crashes event.

Earlier this month, Cecil Doherty, the managing director of Ebrington Leisure Holdings Limited, which operates the Ebrington Hotel, told BBC Radio Foyle's The North West Today programme he was supportive of events in the square and wanted to see more.

But he added: "It's always been the case for us of pre-managing the expectations of guests arriving.

"And provided we have advanced notice of events and we are all working towards that calendar, then certainly we can manage our business accordingly."

The Ebrington Hotel opened to guests in early July

Foyle DUP assembly member Gary Middleton said the situation was an unfortunate set of circumstances.

"I can understand the disappointment of promoters and concert-goers. I also understand the concerns of businesses. We need to start work immediately to find a solution so public events and businesses in Ebrington can co-exist," he said.

"We also need to identify and invest in other spaces in the city for concerts and events in the future," he added.

This story has been amended to clarify the funding breakdown for the hotel.