Licensing of Indoor Events Act 2003

PART 2

Indoor Events

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.