Licensing of Indoor Events Act 2003

PART 1 Preliminary And General

1. Short title, collective citation, construction and commencement.

1. —(1) This Act may be cited as the Licensing of Indoor Events Act 2003.

(2) The Fire Services Act 1981, and Part 3 may be cited together as the Fire Services Acts 1981 and 2003, and shall be construed together as one Act.

(3) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

2. Interpretation.

2. —(1) In this Act, unless the context otherwise requires—

“Act of 1981” means the Fire Services Act 1981;

“Act of 2001” means the Local Government Act 2001;

“authorised officer” has the meaning assigned to it by section 21;

“building” means any building, structure or erection (whether permanent or temporary) of any kind or of any materials, or of any part of such building, structure or erection;

“codes of practice” shall be construed in accordance with section 9;

“fire authority” has the meaning assigned to it by the Act of 1981;

“functional area”, in relation to a fire authority, has the meaning assigned to it by the Act of 1981;

“functions” includes powers and duties;

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“indoor event” means—

(a) a performance which takes place wholly or mainly in a building and comprises music, singing, dancing, displays of entertainment or any similar activity and in respect of which members of the public may or may not attend, or

(b) an event which takes place wholly or mainly in a building and is prescribed under section 4(2),

other than an event for which a licence is required under the Planning and Development Act 2000;

“licence” means a licence granted under section 5(6);

“Minister” means the Minister for the Environment and Local Government;

“notice of cessation” means a notice referred to in section 11;

“prescribed” means prescribed by regulations made by the Minister under this Act and “prescribe” shall be construed accordingly.

(2) In this Act—

(a) a reference to a section or Part is a reference to a section or Part of this Act, unless it is indicated that a reference to some other enactment is intended,

(b) a reference to a subsection or paragraph is a reference to the subsection or paragraph of the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended, and

(c) a reference to any enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended or adapted by or under any subsequent enactment.

3. Expenses.

3. —The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

4. Regulations.

4. —(1) The Minister may, by regulations, provide for any matter referred to in this Act as prescribed or to be prescribed, and may make regulations generally for the purpose of giving effect to this Act.

(2) Without prejudice to the generality of subsection (1), the Minister may by regulation prescribe any activity or class of activity that takes place wholly or mainly in a building, in respect of which members of the public may or may not attend, to be an event for the purposes of paragraph (b) of the definition of “indoor event” in section 2(1).

(3) The Minister, in making regulations under subsection (2), shall have regard to—

(a) the type of indoor event concerned,

(b) the level of supervision of the persons attending the indoor event which, in the opinion of the Minister, is required at an indoor event in order to ensure the safety of the persons attending, and

(c) the provision, where appropriate, of seating for persons attending the event.

(4) When making regulations under this Act the Minister shall have regard to the location, nature or other attributes of indoor events.

(5) Regulations under this Act may contain such consequential, supplementary and ancillary provisions as the Minister considers to be necessary or expedient.

(6) A person who contravenes a provision of regulations made under this Act shall be guilty of an offence.

(7) Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

PART 2 Indoor Events

5. Indoor event licence.

5. —(1) A licence shall be required for holding an indoor event falling within a class of such an event as is prescribed under subsection (2) for the purposes of this subsection.

(2) The Minister shall prescribe a class or classes of indoor event for the purposes of subsection (1) and, in prescribing any such event, he or she shall have regard to—

(a) the number of persons likely to attend an event of the class or classes proposed to be prescribed,

(b) the level of supervision of the persons attending the event which, in the opinion of the Minister, is required so as to ensure the safety of those persons during, and immediately before and after, the holding of the event,

(c) the need to provide seating for persons attending the event,

(d) the place or area at or in which that event will be held, and

(e) any other matters relating to that event and which are relevant to considerations of the need to ensure the safety and security of persons attending or participating in that event.

(3) Without prejudice to the generality of subsection (2), a prescription of a class of indoor event may restrict the class to an event to which more than a specified number of persons or particular class of persons are proposed to be admitted and different classes of indoor event may be prescribed by reference to different numbers of such persons or different classes of such persons.

(4) An application for a licence for an indoor event shall be made to the fire authority within whose functional area the building in which the indoor event is to be held is situated and be made in accordance with regulations made under subsection (9).

(5) An application shall be made not earlier than a date prior to the holding of the indoor event concerned as is reasonable having regard to section 6(1) and 6(2).

(6) Subject to this Act, the fire authority may—

(a) grant the licence authorising the holding, in a specified building of an indoor event or a specified number of indoor events and may attach one or more conditions to the licence as the fire authority thinks fit, or

(b) refuse to grant the licence for the indoor event or specified number of indoor events.

(7) A person to whom a licence has been granted shall display at each entrance to the indoor event concerned a notice specifying such information in respect of the licence as is prescribed in respect of that licence.

(8) The validity of a licence granted under this section shall not exceed one year from the date on which it is granted.

(9) The Minister may make regulations in respect of the procedure for the application for, and the determination and grant of, a licence and the regulations may contain different provisions in respect of different classes of indoor events.

(10) Without prejudice to the generality of subsection (9), regulations made under this section may provide for—

(a) the notification of such persons as may be prescribed,

(b) the form and content of an application for a licence,

(c) the furnishing, by the person applying for a licence, of plans, a statement of safety procedures, documents and information to be submitted with an application for a licence,

(d) the payment to the fire authority of such fees as may be prescribed for an application for a licence, including different fees for different classes of indoor event, for exemption from the payment of fees in specified circumstances and for the waiver, remission and refund (in whole or in part) of fees in specified circumstances for different classes of indoor event,

(e) submission of further information relating to an application by the person making the application,

(f) the production of evidence to verify particulars or information given by the person making the application, and

(g) information concerning any other application or applications for a licence under this Act by the person making the application.

(11) A person who organises, promotes, holds or is otherwise materially involved in the organisation of an indoor event for which a licence is required other than under and in accordance with a licence, shall be guilty of an offence.

(12) A person who owns, occupies or is in control of a building and permits or suffers an indoor event for which a licence is required to be held in that building, without a licence or other than in accordance with a licence, shall be guilty of an offence.

(13) A person who, when making an application for a licence under this Act, provides false or misleading information shall be guilty of an offence and shall be liable—

(a) on summary conviction, to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 6 months or to both, or

(b) on conviction on indictment, to a fine not exceeding €1,300,000 or to imprisonment for a term not exceeding 2 years or to both.

6. Determination of application for licence.

6. —(1) A fire authority shall determine an application for a licence as soon as practicable but not later than 28 days after all requirements, including requirements prescribed under section 5(9), have been complied with or within such other period, as provided for in subsection (2).

(2) Where, following an application for a licence, it appears to the fire authority that it would not be possible or appropriate, because of the particular circumstances relating to the application, to determine the application within the period referred to in subsection (1), the fire authority shall, by notice in writing served on the person who has applied for the licence, inform that person of the reasons why it would not be possible or appropriate to determine the application within that period and shall specify the date before which or the period within which the fire authority intends that the application shall be determined.

(3) When considering an application for a licence, a fire authority shall have regard to any information submitted to it by the person making the application in accordance with section 5(4) concerning—

(a) compliance by the person applying for the licence with codes of practice issued by the Minister or any other Minister of the Government,

(b) the provision of adequate measures and procedures for securing the safety of persons attending the indoor event,

(c) the provision of adequate facilities for the health and welfare of persons attending the indoor event including the adequacy of sanitary facilities,

(d) measures concerning the maintenance of public order at the indoor event,

(e) the provision and maintenance of adequate public liability insurance for the indoor event,

(f) measures for displaying notices for persons attending the indoor event in respect of the obligations of such persons and their conduct at the indoor event,

(g) any regulations made under this Act,

(h) the provision, where appropriate, of seating at the indoor event, and

(i) the number of persons that are anticipated to attend the indoor event,

and to any matters arising out of the notification procedure prescribed under section 5(10)(a).

(4) Without prejudice to the generality of section 5(6), a condition attached to a licence may include a condition relating to all or any of the following—

(a) any matter specified in subsection (3),

(b) the carrying out of any works in or at the building,

(c) the number of indoor events which may take place in the building within a specified period that does not exceed one year,

(d) the maximum number of persons that may attend the indoor event, and

(e) any matter arising out of regulations made by the Minister under this Act.

(5) A fire authority shall, as soon as is practicable, notify the person who has made the application in writing of its decision to grant or refuse to grant a licence under section 5(6).

(6) Where a fire authority refuses to grant a licence it shall, by notice in writing, inform the person who has made the application of the reasons for so refusing.

7. Compliance with legal and other requirements.

7. —A person shall not be entitled solely by reason of a licence under this Act to hold an indoor event.

8. Appeal to District Court.

8. —(1) Where a fire authority to which an application has been made in accordance with section 5 refuses to grant a licence to the person who made the application or grants a licence subject to one or more conditions, that person may, not later than 4 weeks from the date on which that person receives notification of the decision, or such later date as may be permitted by the District Court, appeal against the decision of the fire authority to the District Court for an order directing the fire authority to grant that person a licence or to grant the licence without the conditions or a particular condition.

(2) The jurisdiction of the District Court to hear an appeal under this section shall be exercised by the judge of the District Court for the time being assigned to the district court district in which the building concerned is situated.

(3) At the hearing of an appeal under this section, the District Court may—

(a) where the appeal is against a refusal to grant a licence—

(i) dismiss the appeal and affirm the refusal of the fire authority to grant the licence, or

(ii) allow the appeal and direct the fire authority to grant a licence to the person who made the application,

or

(b) where the appeal is against a condition attached to a licence—

(i) dismiss the appeal and approve the licence granted by the fire authority, or

(ii) allow the appeal and direct the fire authority to grant a licence without the condition to the person who made the application.

(4) No appeal shall lie to the Circuit Court from a decision of the District Court under this section.

9. Codes of practice.

9. —(1) The Minister or any other Minister of the Government may draw up and issue a code of practice for the purpose of providing practical guidance in respect of the requirements or prohibitions of the provisions of Parts 1 and 2 or any regulations made under Parts 1 and 2 and may include standards or specifications and written or illustrated forms of practical guidance or instruction.

(2) The Minister or any other Minister of the Government shall, before issuing a code of practice referred to in subsection (1), consult with any other Minister of the Government or other person with whom, in his or her opinion, it is appropriate to consult.

(3) The Minister or any other Minister of the Government may amend or revoke a code of practice issued under this section following consultation with any other Minister of the Government or any other person with whom, in his or her opinion, it is appropriate to consult.

(4) A code of practice concerning the holding of indoor events issued by the Minister or any other Minister of the Government prior to the coming into operation of this section shall be deemed to be a code of practice issued under this section.

(5) Notice of a code of practice issued under this section or any amendment to, or revocation of, a code of practice shall be published in Iris Oifigiúil.

(6) The Minister may issue guidelines for the purposes of Parts 1 and 2.

10. Safety at indoor event.

10. —(1) A person to whom a licence has been granted shall—

(a) take all reasonable measures to ensure the safety of persons attending the indoor event,

(b) provide reasonable safety measures for the indoor event concerned, and prepare and provide appropriate safety procedures for ensuring the safety of persons attending that indoor event, and

(c) ensure that the measures referred to in paragraph (b) are applied at all times,

having regard to the care which a person attending the indoor event may reasonably be expected to take for his or her own safety or the safety of persons in their care.

(2) It shall be the duty of every person attending an indoor event to conduct himself or herself in such a way as to ensure that, as far as reasonably practicable, any other person attending the indoor event—

(a) is not exposed to danger as a consequence of any act or omission of the first-mentioned person, and

(b) does not suffer injury or damage by reason of any danger arising out of the indoor event or associated activities.

(3) Subsections (1) and (2) are without prejudice to any duty which arises apart from this section.

11. Notice of cessation, etc.

11. —(1) Where a fire authority or an authorised officer is of the opinion that an indoor event in respect of which a licence is required under section 5 is taking place or is likely to take place—

(a) without a licence, or

(b) in contravention of a condition attached to or the terms of a licence,

the fire authority or an authorised officer may serve a notice of cessation on the owner or occupier of the building concerned or on any person who in the opinion of the fire authority or the authorised officer is holding, organising or is otherwise materially involved in the organisation of the indoor event.

(2) A notice of cessation may require all or any of the following—

(a) the immediate cessation of any indoor event or the discontinuation or alteration of any preparations for it,

(b) the removal of any temporary buildings, structures, plant, machinery or any other thing from the building concerned which in the opinion of the fire authority is intended for use at the indoor event, and