Indoor Events
Licensing of events.
Prior to the Planning and Development Act, 2000, the question of whether an indoor or outdoor location could be used to hold an event, turned on general planning laws. Planning permission might be granted for the use of a venue as such. Alternatively, there might be an established use for the holding of the event at the venue, which existed since 1st October 1964. The established use might apply, notwithstanding that it is occasional. For example, use of premises as a sporting ground or for musical events could be established, notwithstanding that the events were relatively sporadic.
The 2000 Act and Licensing of Indoor Events Act 2003 provided for new schemes of licensing of indoor and outdoor events. The 2003 Act arose from the recommendations of the Hamilton Committee on Crowd Control at Indoor Concerts. The Act focuses on crowd control and safety
The Licensing of Indoor Events Act provides for the licensing of indoor events together with health welfare and fire safety issues. An indoor event is 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,
Events Requiring Licence
The Minister may make regulations which prescribe activities or class of activities which are an indoor event for the purpose of the legislation. The designation of activities may have regard to the type of indoor event concerned, safety issues and risks, the level of supervision of persons attending the indoor event and the provision of seating. Regard may be had to the location, nature and attributes of the indoor event in all regulations made under the legislation.
A licence is required to hold an indoor event of a designated type. The Minister may prescribe the classes of events which require to be licensing, having regard to the number of persons likely to attend the event of the type concerned, the level of supervision required to ensure safety, the need to provide seating, the place at which the event is to be held, and other safety and security considerations. Provision may be made for different types of indoor events, with restrictions on the number of persons and for the groups/classifications (e.g. adults/ children) of persons who may be admitted.
The licence, if granted, must be displayed at each entrance to the indoor event concerned. It must specify information in relation to that licence as is specified by its terms. A licence has a maximum life of a year. A Fire Authority maintains a register for the purpose of legislation. This includes registers of all applications, decisions, appeals, revocations and enforcement.
Application for Licence
An application for a licence for an indoor event is made to the Fire Authority for the area in which the building is situate. It must be made not earlier than a date prior to the holding of an event, which is considered reasonable with reference to the below criteria. Certain prior notices are required as set out below. The Fire Authority may grant a licence authorising the event or a specified number of events in a building. Such conditions as it may think fit may be applied. The Authority may refuse a licence.
The Minister makes regulations in relation to the procedure for applying for a licence. They include provision for notification of prescribed persons, the form of the application, details of plans, safety procedures, documents, the submission of further information, the production of evidence to vouch particulars given, such other information as may be prescribed concerning the application. Regulations provide for fees payable to the Fire Authority, which may vary in accordance with the class of event.
The Fire Authority is to decide on an application for a licence as soon as practicable. It must do so no later than 28 days after all the relevant requirements have been complied with in respect of the application. Where upon an application, it appears to the Authority that it would not be possible or appropriate because of the circumstances to determine the application within the period, it may give notice extending the time and giving reasons for the time extension.
In considering the application for a licence, the Fire Authority is to have regard to information submitted in relation to various matters, including
- compliance by persons applying for the licence with Codes of Practice issued by Government Departments;
- the adequacy of measures and procedures for securing safety;
- the provision of adequate facilities for health and welfare of persons attending the event, including adequate sanitary facilities;
- measures concerning maintenance of public order at the event; and
- provision for the maintenance of adequate public liability insurance
Grant of Licence
The licence may specify required public notices, seating requirements and the number of persons permitted to attend. Conditions may be attached to the licence, including conditions requiring the undertaking of works, restricting the number of indoor events which may take place in an annual period and maximum numbers who may attend
The Fire Authority is to notify its decision to grant or refuse a licence. When it refuses the licence, it must give notice of the reasons for refusal. When a licence has been refused or is granted subject to conditions, a person the applicant may appeal to the District Court within four weeks against the decision of the Fire Authority. On the hearing of the appeal, the licence may be allowed, varied, or dismissed.
A person is not authorised to hold an indoor event merely because a licence is granted. He must comply with other laws including general planning, health and safety, fire safety, public order and criminal laws.
The Minister for the Environment may draw up Codes of Practice for the purpose of providing practical guidance in relation to the legislation, regulations and practical matters thereunder. They may include standards, specifications and practical guidance. Codes may be amended or revoked from time to time.
Duty of Licensee and Enforcement
Persons to whom a licence is granted must take all reasonable measures to ensure the safety of persons attending an indoor event. They must provide reasonable safety measures for the indoor event concerned and prepare appropriate safety procedures. They must ensure that the measures are implemented. They must have regard to the care which a person attending the event may reasonably expect to take for his or her own safety and for the safety of other persons.
It is the duty of a person attending an indoor event to conduct himself in such a way as to ensure that in so far as reasonably practicable, he does not expose himself or another person to danger, or to injury or damage by reason of a danger or risk arising at the event.
Where the Fire Authority or an authorised officer is of the opinion that an event is taking place without a licence, or in contravention of a licence condition, a notice of cessation may be served on the owner or occupier of the building concerned. It may also be served on a person who is materially involved in the organisation of the event.
A notice of cessation may require the immediate cessation of the event or the discontinuation or alteration of preparations for it. It may require removal of temporary buildings, structures, plant and machinery or anything from the building concerned, which is in the opinion of the Fire Authority, intended for the use of the event. They may require works to be carried out for the purpose of restoring the building to the condition it was in, before the commencement of preparations for the indoor event.
A person who organises, promotes, holds or is materially involved in the organisation of an indoor event for which a licence is required, is guilty of an offence unless the licence is obtained and its conditions are complied with. A person who owns, occupies or controls a building and permits an indoor event for which a licence is required, without a licence, is guilty of an offence.
Offences under the legislation are subject on summary conviction, to a fine up to €3,000 or imprisonment of six months or on indictment, to a fine up to €1,300,000 and imprisonment up to two years. There is continuing offence for each day the contravention continues. This is subject to an additional €500 fine per day on summary conviction and €13,000 per day on conviction on indictment. In the case of offences by companies, persons in control who consent to connive at or approving the relevant offence by wilful act or neglect, may themselves be subject to prosecution and conviction.
Powers of Fire Authority
An authorised officer of the Fire Authority has considerable powers, for the purpose of enforcement of legislation. He may enter and inspect land. He may require cooperation from persons in charge. They may require the production of records and documents. They may require electronically stored information to be produced. They may remove and retain records.
An authorised officer of the Fire Authority or a member from Garda Siochana has powers to inspect premises for the purposes of the legislation. The officer may require a person in control of land to give information reasonably required in relation to the event. He may require plans, drawings and documentation as necessary, in order to establish compliance with the Act. Tests may be undertaken. No person can take action against any of the enforcing authorities for damages or compensation in respect of loss alleged to have been caused by the exercise of the authority’s functions under the Act.
A person who refuses, obstructs, fails to cooperate with or gives false or misleading information to an authorised officer or a member of Garda Siochana, is guilty of an offence. Where a licence has been granted under the Act and a person who holds a licence is convicted of an offence, the fire authority may apply for revocation of the licence, to the District Court, which may revoke the licence or refuse to revoke it.
Council Event
Local Authority which proposes to hold an indoor event is subject to a different regime of regulation. The Minister may make regulations providing for the holding of indoor events by local authorities. They may provide for the submission of information by the local authority to the Fire Authority, notification of prescribed persons and the making of observations by third parties
The information submitted is to be made available to the elected members of the council concerned. The elected members themselves may make observations.
The Fire Authority, after the expiration of the period for observations, must take them all into account or prepare a written report in relation to the event and safety management plan proposed. It may specify conditions for the holding of the event and may specify persons who are to be consulted. It may summarise the issues. It may determine whether the event can be held as proposed or subject to conditions. It may refuse permission for the holding of the event.