Three Owls closure - protest outside Town Hall

Protest organiser Carley Smith

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Around 30 people gathered outside Rochdale Town Hall to lobby councillors and protest at the closure of the Three Owls Bird Sanctuary.

Protest organiser Carley Smith of Wardle said the aim of the protest was to get Three Owls re-opened. Asked how that could happen as Nigel Fowler had said he no longer wanted to run the Sanctuary, Ms Smith said the sanctuary is still there and “could be handed over to someone else”.

Ms Smith said: “I have been a long term supporter of Three Owls, I used to work there as a volunteer and it is close to my heart. I can’t bear to see all the hard work that has been done over the years just slip away, and we need a sanctuary.”

Ms Smith challenged ward councillor Wera Hobhouse as she arrived at the Town Hall for the budget council meeting; Councillor Hobhouse told Ms Smith and other protesters that she was surprised the sanctuary had closed so suddenly as negotiations were going on to try and find a solution.

Anne Rushton, who travelled from Oldham to help Ms Smith organise the protest added: “We would have liked more people here but it was short notice so we are happy with the turn out.”

Ms Rushton said she couldn’t imagine that the decision to close would be retracted so her aim was to try and get the legislation changed in order to help other sanctuaries.

In a statement released by the ‘Three Owls Objection Group’, it is stated that the primary reason for people visiting was to take sick and injured birds. The enclosures, the statement says, are laid out for the benefit and welfare of the birds, not the visitors. The birds, the group says, are “in the transient period waiting for the correct conditions for their release, but they are in no way being exhibited – there is no attempt to display them and if visitors see them it is an added bonus.”

Rochdale Online introduced Ms Smith to Andy Glover, Rochdale Borough Council Public Protection Manager. Mr Glover explained that the letter sent to Three Owls was not an enforcement notice, it asked for a response in writing, within four weeks, to the Council’s belief that, having twice taken legal advice, and having consulted with other Local Authorities with sanctuaries operating in a similar way, the operating practices of Three Owls was considered to fall within the scope of the Zoo Licensing Act 1981.

Mr Glover went on to say: “We were as surprised as anyone when Mr Fowler closed the Sanctuary, and consider his action to be premature. I had met with Mr Fowler and was keen to help find a way around the legislation.”

Rochdale Online is not permitted to publish the letter in full but an extract sums up the Council’s position: “The work undertaken at the Three Owls Bird Sanctuary and Reserve is viewed as important and very worthwhile. We have no desire to see the facility close. The Council’s only desire is to ensure that relevant legislation is complied with and not knowingly breached.”

The Zoo Licensing Act 1981 defines a zoo as an establishment where wild animals are kept for exhibition to the public otherwise for the purposes of a circus and otherwise than in a pet shop, to which members of the public have access, with or without charge for admission, on more than 7 days in any period of 12 consecutive months.

In the Council Chamber prior to the budget fixing council meeting, Councillor Jean Ashworth handed a letter, on behalf of the protesters, to the Mayor – the letter was headed: “Letter of Request for Information”.

The letter set out the objectors’ position and went on to ask four questions:

1. Can Rochdale Council demonstrate precedents of similar situations on which they have based their interpretation of the Zoo Licensing Act 1981?

Rochdale Online can confirm the Council did so in the letter to Mr Fowler - dated 25 January 2010.

2. Is the Council prepared to publish the legal opinion(s) it has received so that we may take further legal advice regarding its validity.

Mr Glover told Rochdale Online his department had sought advice from the Council’s legal team on two separate occasions and both times the advice had been that the legal team considered the operating practices of Three Owls falls within the scope of the Zoo Licensing Act 1981.

Rochdale Online can confirm the legal thinking behind that advice was detailed in the letter sent to Mr Fowler - dated 25 January 2010.

3. From the statement issued by The Born Free Foundation to the press and in response to the numerous emails they received, Born Free Foundation admitted they had issued a letter of enquiry to Rochdale Council and we would request a copy of this letter under the Freedom of Information Act 2000.

It is understood that previous requests on an FOI basis have been rejected.

4. Prior to the Order Enforcement, did Rochdale Council in any way try to help the Three Owls with this legislation, if so, we would request information on how and when any support or contact was made to the Three Owls from the date the letter of enquiry was received by Rochdale Council.

Mr Glover explained to Rochdale Online that the letter was not an “order enforcement”. Mr Glover had met with Mr Fowler and others and his letter was a summation of that meeting, a detailed reasoning of the council’s position, and suggestions as to how the Council could help the sanctuary either comply with the legislation or apply for an exemption.