STATUTORY INSTRUMENTS.

S.I. No. 154 of 2001.

PLANNING AND DEVELOPMENT (LICENSING OF OUTDOOR EVENTS) REGULATIONS, 2001.

Dublin

Published by the Stationery Office

S.I. No. 154 of 2001.

PLANNING AND DEVELOPMENT (LICENSING OF OUTDOOR EVENTS) REGULATIONS, 2001.

The Minister for the Environment and Local Government, in exercise of the powers conferred on him by sections 230, 231, 238 and 262 of the Planning and Development Act, 2000 (No. 30 of 2000) hereby makes the following Regulations:

Citation

1.                 These Regulations may be cited as the Planning and Development (Licensing of Outdoor Events) Regulations, 2001.

Interpretation

2.       (1)     In these Regulations, except where the context otherwise requires:-

“the Act” means the Planning and Development Act, 2000 ;

“applicant” means a person who applies for a licence;

“application” means an application for a licence under section 231 of the Act;

“audience” means persons attending an event on a particular day, other than persons working or performing at the event, and shall include persons attending by invitation and, where an event comprises more than one performance at one or more locations at the site on a particular day, the audience shall mean the total number of persons attending all such performances;

“code of practice” means a code of practice referred to in sections 232 and 268(2) of the Act,

“prescribed bodies” means --

(a)  the relevant Chief Superintendent of An Garda Siochána,

(b)  the relevant Health Board, or

(c)  any other county council, county borough corporation, borough corporation or urban district council, which will be affected by the event.

(2)      These Regulations shall apply to an application for a licence for an event to be held on more than one day or an application for a licence for a number of events at a venue in a period not exceeding one year, subject to any necessary modifications.

Events prescribed for the purposes of section 230 of Act.

3.                 An event at which the audience comprises 5,000 or more people shall be an event prescribed for the purposes of section 230 of the Act.

Pre-application consultation.

4.       (1)      Any person who intends to make an application may, with the agreement (which shall not be unreasonably withheld) of the local authority or any prescribed bodies concerned, enter into consultations with the local authority or such prescribed bodies in order to discuss the submission of an application, including the draft plan for the management of the event, and the authority or the prescribed body may give advice to the applicant regarding the proposed application.

(2)     The carrying out of consultations under sub-article (1) shall not prejudice the performance by the local authority or the prescribed bodies of any of its functions under this Act or these Regulations or under any other enactment and cannot be relied upon in the process of determining an application or in legal proceedings.

Newspaper notice.

5.       (1)     Within the period of 2 weeks before applying for a licence, the applicant shall publish a notice of his or her intention to submit an application in one local and one national newspaper.

(2)      A notice under sub-article (1) shall state-

(a) the name of the applicant,

(b) that the applicant is applying for a licence to hold an event in accordance with Part XVI of the Planning and Development Act, 2000 ,

(c) the location at which the proposed event is to be held,

(d) the type of event proposed to be held,

(e) the date proposed for the holding of the event,

(f) the name of the local authority to which the application is being made,

(g) the anticipated number of the audience at the proposed event,

(h) that the application for a licence may be inspected at the offices of the local authority during office hours for a period of 4 weeks from the date of receipt of the application by that authority, and

(i) that submissions or observations may be made to the local authority within a period of 4 weeks from the date of the receipt of the application by that local authority.

(3)      The local authority may require that an additional newspaper notice is published where it considers that the notice, because of its content or for any other reason, is misleading or inadequate for the information of the public.

Making of an application.

6.       (1)     (a) An application must be made at least 16 weeks prior to the date for the holding of the event to which the application relates or, in the case of an application for a number of events at a venue in a period not exceeding one year, at least 16 weeks prior to the holding of the first event.

(2)      As soon as may be after receipt of the application, the local authority shall consider whether the requirements of these regulations have been complied with, and

(a)  acknowledge receipt of the application in writing, or

(b)  inform the applicant that the application is invalid, by reason of the fee submitted being inadequate or for any other reason, and cannot be considered by the authority, indicating which requirement of these regulations has not been complied with.

Form and content of application.

7.       (1)     An application shall -

(a) state the name, contact address (including e-mail address where appropriate) and telephone number of the applicant,

(b) where the applicant is not the promoter of the event, state the name, contact address (including e-mail address where appropriate) and telephone number of the promoter,

(c) state the anticipated number in the audience at the proposed event,

(d) state the proposed date on which the event is to be held and the proposed duration of the event, including the times at which the event is proposed to commence and conclude,

(e) be accompanied by a copy of the relevant page of the newspapers containing the notices required to be published under article 5,

(f) where the applicant is not the owner or occupier of the place where it is proposed to hold the event, be accompanied by confirmation in writing from such owner or occupier of his or her consent to the holding of the event,

(g) be accompanied by a draft plan for the management of the event prepared in accordance with the appropriate code or codes of practice and including-

(i)       the names and responsibilities of the event controller, the event safety officer and their deputies,

(ii)      a draft site emergency plan,

(iii)     a draft traffic management plan,

(iv)     a draft safety strategy statement,

(v)      a draft environment monitoring programme for before, during and after the proposed event, and

(vi)     provision for the removal of structures and the carrying out of any works for the reinstatement of the land subsequent to the event, for the full clean-up of the area, and for any remedial works arising from any damage caused to public property, facilities or amenities associated with the event,

(h) be accompanied by a location map of sufficient size and containing details of related sites and features in the vicinity of the place where it is proposed to hold the event, to a scale of not less than 1:1,000 in built up areas and 1:2,500 in all other areas and marked clearly to show such related sites or features, and drawings to an appropriate scale of the place where it is proposed to hold the event, including a site layout plan and a viewing accommodation plan.

(2)      6 copies of the application and accompanying documents, maps and drawings shall be submitted to the local authority.

(3)      Where an event is proposed to be held on a public road or on any other land under the control of the local authority, sub-article (1)(f) shall not apply.

Availability of documents.

8.       (1)     The local authority shall make the application, and any submissions or observations made in relation to it, available for inspection at the offices of the local authority and such other places as it considers appropriate, for a period of 4 weeks from the receipt of the application, during office hours.

(2)      The local authority shall, on request, make a copy of the application, or part of it, available for purchase by any person on payment of a sum not exceeding the reasonable cost of making such a copy.

Consultation with prescribed bodies.

9.       (1)     Within one week of receipt of an application, a local authority shall consult with the prescribed bodies by sending a copy of the application to them and stating that submissions or observations may be made to the local authority in respect of the application within 5 weeks of the date on which the application was received by the authority.

(2)     Where a prescribed body requests an extension of time from the local authority to consider an application, the authority may, where it considers it necessary to ensure the safe and effective management of the proposed event, extend that period for such time as the authority considers necessary.

(3)     A local authority may also consult any other body, not being a prescribed body, in relation to an application where it considers it appropriate.

Making of submissions or observations by any other person

10.               Any person may make a submission or observation in writing to the local authority in respect of the application within 4 weeks of the receipt of the application by the local authority.

Further information.

11.     (1)      A local authority may request such further information from the applicant as it considers necessary to enable it to make a decision under section 231(3) of the Act and the applicant shall comply with any such request.

(2)      A local authority may request such further information from a prescribed body or any person who made submissions or observations in respect of the application as it considers necessary to enable it to make a decision under section 231(3) of the Act.

(3)      The local authority may, at its discretion, invite other persons to make submissions or observations to it in respect of an application.

(4)      The local authority may take whatever measures it considers necessary, including the convening of meetings or the taking of oral submissions, to seek the views of any person in regard to the application.

Decision on an application.

12.     (1)      A local authority shall make a decision under section 231(3) of the Act in respect of an application not earlier than 5 weeks after receiving the application.

(2)      Where a local authority makes a decision under section 231(3) of the Act, it shall issue notice of its decision to:

(a) the applicant,

(b) the prescribed bodies, and

(c) any person who made submissions or observations on the application in accordance with article 10.

Publication of notice of intention by local authority to hold an event.

13.     (1)      Where local authority proposes to hold an event under section 238 of the Act, it shall publish a notice in a newspaper which is circulated in the area in which the proposed event is to be held.

(2)      A notice under sub-article (1) shall state:

(a) the name of the local authority proposing to hold the event.

(a) that it is proposed to hold an event in accordance with Part XVI of the Planning and Development Act, 2000 ,

(c) the location at which the proposed event is to be held,

(d) the type of event proposed to be held,

(e) the date proposed for the holding of the event,

(f) the anticipated number of the audience at the proposed event,

(g) that a proposal, including a draft plan for the management of the event, in respect of the proposed event may be inspected at the offices of the local authority during office hours for a period of 4 weeks from the date of a notice under sub-article (1), and

(h) that submissions or observations in respect of the proposed event may be made to the local authority within a period of 4 weeks from the date of the notice under sub-article (1).

Availability of documents in relation to proposed event by local authority

14.     (1)      The local authority shall make a proposal, including a draft plan for the management of the event, and appropriate maps and drawings in relation to the proposed event available for inspection at the offices of the local authority and such other places as it considers appropriate during office hours for a period of 4 weeks from the date of the notice under article 13.

(2)      (a) A proposal referred to in sub-article (1) shall set out the details of the proposed event, including -

(i)      the anticipated number in the audience and details of the number of tickets to be sold for the event,

(ii)      the date proposed for the holding of the event is to be held and the duration of the event, including the times at which the proposed event will commence and conclude.

(b) A draft plan for the management of the event referred to in sub-article (1) shall be prepared in accordance with the appropriate code or codes of practice and include --

(i)       the names and responsibilities of the event controller, the event safety officer and their deputies,

(ii)      a draft site emergency plan,

(iii)     a draft traffic management plan,

(iv)     a draft safety strategy statement,

(v)      a draft environment monitoring programme for before, during and after the proposed event, and

(vi)     provision for the removal of structures and the carrying out of any works for the reinstatement of the land subsequent to the proposed event.

(c) The maps and drawings referred to in sub-article (1) shall include a location map of sufficient size and containing details of related sites and features in the vicinity of the place where it is proposed to hold the event, to a scale of not less than 1:1000 in built up areas and 1:2,500 in all other areas and marked clearly to show such related sites or features, and drawings to an appropriate scale of the place where it is proposed to hold the event, including a site layout plan and a viewing accommodation plan.

(3)      The local authority shall, on request, make a copy of the proposal, or part of it, for any person on payment of a sum not exceeding the reasonable cost of making such a copy.

Notification of prescribed bodies.

15.     (1)     Within one week of publication of the notice under article 13 a local authority shall notify the prescribed bodies of the proposed event.

(2)      A notice under sub-article (1) shall -

(a)  be accompanied by a copy of the proposal made available for public inspection in accordance with article 14, and

(b)  shall state that submissions or observations may be made to the local authority in respect of the proposed development within 5 weeks of the date of publication of the notice under sub-article (1).

(3)      Where a prescribed body requests an extension of time from the local authority to consider an application, the authority may, where it considers it necessary to ensure the safe and effective management of the proposed event, extend that period for such time as the authority considers necessary.

(4)      A local authority may notify or consult any other person or body, not being a prescribed body, in relation to the proposed event where it considers it appropriate.

Making of submissions or observations by any other person

16.               Any person may make a submission or observation in writing to the local authority in respect of the proposed event within 4 weeks of the date from the date of publication of the notice under sub-article (1).

Notification of decision

17.               Where a local authority makes a decision under section 238, it shall issue notice of its decision to the prescribed bodies and any person who made a submission or observation in accordance with article 16.

Additional means for notification.

18.               Where -

(a)  a large number of submissions or observations are made to the local authority under article 10 or article 16 as part of an organised campaign, or

(b)  it is not possible to ascertain readily the full name and address of persons who made submissions or observations under article 10 or article 16,

the local authority may, in lieu of notifying each person who made a submission or observation in accordance with articles 12(2) or 17, as appropriate, take such steps as it considers reasonable in the circumstances to inform such persons of its decision, including, in the case of an organised campaign referred to in paragraph (a), giving notice to any person who, in the opinion of the authority, organised the campaign.

Transitional provisions for events to be held before 1 October, 2001.

19.     (1)      Where -

(a)  tickets for an event for which a licence would be required under these Regulations have already been sold to the public before 5 April, 2001,

(b)  an event is to be held for which planning permission under the Local Government (Planning and Development) Acts, 1963 to 1999, would not have been required had the event been held before the making of these Regulations, or

(c)  an event is to be held other than for reasons of profit or gain,

no licence shall be required in respect of such an event where it is held before 1 October 2001.

(2)      A local authority which proposes to hold an event referred to in sub-article (1) shall not be required to comply with these Regulations.

(3)      For the purposes of events held before 1 October, 2001, the reference in article 6(1) to 16 weeks shall be read as 12 weeks, or such shorter period, not being less than 5 weeks, to which the local authority has given its written consent.

Fees

20.     (1)     (a) Subject to sub-article (2), the fee for making an application in respect of an event being held mainly for profit or gain shall be £2000 before 1 January 2002 and €2,500 thereafter.

(b) No fee shall apply in respect of applications for event other than those referred to in sub-article (1).

(2)      A local authority shall have an absolute discretion to refund all or part of the fee payable in respect of a particular application where they are satisfied that the payment in full of the fee would not be just and reasonable, having regard to the nature, extent or purpose of the event.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation of it.)

The purpose of these Regulations is to set out the type of events for which a licence under Part XVI of the Planning and Development Act, 2000 shall be required, and to provide for matters of procedure and administration in relation to applications for, and the grant of, licences for events and in relation to events to be held by the local authority.