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15 2003

Licensing of Indoor Events Act 2003

PART 1

Preliminary And General

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.

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;

“health board” means a health board established under the Health Act 1970 , and the Eastern Regional Health Authority established under the Health (Eastern Regional Health Authority) Act 1999 ;

“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.

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.

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.