Sale of Tickets (Cultural, Entertainment, Recreational and Sporting Events) Act 2021

Interpretation

2. In this Act—

“advertise” includes every form of advertisement, whether or not to the public, in a newspaper or other publication, on television or radio, by display of a notice, by electronic communication, including by means of the internet, or by any other means;

“amateur sports club” means a not for profit club which has as its main purpose the provision of facilities for, and the promotion of, participation in one or more sports but does not include a sports club or body organised on a county, provincial, regional or national basis;

“applicant” means—

(a) an event applicant, or

(b) a venue applicant;

“charitable organisation” means a registered charitable organisation within the meaning of section 2 of the Charities Act 2009 ;

“designated event” shall be construed in accordance with section 9 ;

“designated venue” shall be construed in accordance with section 7 ;

“event” means a cultural, entertainment, recreational or sporting event;

“event applicant” shall have the meaning assigned to it by section 9 ;

“event organiser”, in relation to an event, means a person who—

(a) is responsible for staging, organising or managing the event, or

(b) a person, acting for, or on behalf of, a person referred to in paragraph (a);

“Minister” means the Minister for Enterprise, Trade and Employment;

“original sale price” means—

(a) the price for which a ticket or ticket package was sold by a primary ticket seller and includes any additional charge or fee applying to the sale of the ticket or ticket package, or

(b) the price for which an equivalent ticket or ticket package was on sale by a primary ticket seller where a secondary ticket seller obtained the ticket or ticket package other than through payment of the price;

“prescribe” means prescribed by regulations made by the Minister;

“primary ticket seller” means—

(a) an event organiser,

(b) a venue operator,

(c) a person authorised to sell tickets or ticket packages on behalf of an event organiser or venue operator, or

(d) a person acting for, or on behalf of, a person referred to in paragraphs (a), (b) or (c),

but does not include a secondary ticket seller;

“relevant event” means an event taking place in a designated venue or a designated event;

“secondary ticket marketplace” means a website, online service, electronic application or print publication which provides a secondary ticket seller with a facility for the sale or advertising for sale of tickets or ticket packages and includes a marketplace that also provides a facility for the sale or supply, or advertising for sale or supply, of other goods or services;

“secondary ticket operator”, in relation to a secondary ticket marketplace, means—

(a) a person who owns or manages the marketplace or is otherwise responsible for the operation of the marketplace, or

(b) a person acting for, or on behalf of, a person referred to in paragraph (a);

“secondary ticket seller” means a person who sells a ticket or ticket package that was originally sold by, or otherwise originally made available by or through, a primary ticket seller;

“sell” includes, in relation to a ticket or ticket package, to offer or expose the ticket or ticket package for sale or invite the making by a person of an offer to purchase the ticket or ticket package;

“ticket”, in relation to an event, means a card, pass, paper, document, device, whether in electronic form or otherwise, that on presentation entitles the holder to gain admission to the event;

“ticket package” means a package under which—

(a) a ticket is sold or offered for sale at an inclusive price in combination with other goods or services, or

(b) the purchase of other goods or services entitles the purchaser to buy a ticket for its original sale price or other specified price;

“venue applicant” shall have the meaning assigned to it by section 7 ;

“venue operator” means a person who—

(a) owns or manages a venue or is otherwise responsible for the operation of the venue, or

(b) a person, including an event organiser, acting for, or on behalf of, a person referred to in paragraph (a).