I move amendment No. 47:
In page 16, before section 23, but in Part 2, to insert the following new section:
"23.-(1) An indoor event for which a licence is required under section 5(1), and which is proposed to be carried out by a local authority (in this section referred to as the ’proposed indoor event’), shall be carried out in accordance with this section and any regulations made under subsection (2).
(2) The Minister may make regulations providing for the holding of an indoor event by a local authority and without prejudice to the generality of the foregoing such regulations may provide for the submission of information to the fire authority in respect of such proposed indoor event and-
(a) the notification of and consultation with any prescribed person or persons by the fire authority, and
(b) the making of submissions or observations to the fire authority within a prescribed time with respect to the proposed indoor event.
(3) The information submitted to the fire authority in accordance with regulations made under subsection (2) shall be made available to the elected members of the council of the local authority in whose functional area the proposed indoor event is to take place.
(4) The elected members referred to in subsection (3) may make submissions to the fire authority regarding the proposed indoor event within such time as is prescribed and the making of submissions by such elected members shall, for the purposes of this section, be a reserved function.
(5) The fire authority shall, after the expiration of the prescribed time for the making of submissions, consider any submissions or observations made to it and shall-
(a) prepare a written report in relation to the proposed indoor event and the safety management plan for the proposed indoor event,
(b) specify the proposed indoor event and any condition, as provided for in section 6(4), to which the holding of such proposed indoor event shall be subject,
(c) specify the person or persons consulted in respect of the proposed indoor event in accordance with the regulations made under subsection (2),
(d) summarise the issues raised in the information obtained in accordance with this section and the regulations made under subsection (2), and
(e) decide that the proposed indoor event-
(i) can be held as proposed,
(ii) can be held subject to conditions, or
(iii) cannot be held.
(6) A proposed indoor event for which a licence is required under section 5(1) shall not be held other than in accordance with subsection (5).
(7) In this section 'local authority' has the meaning assigned to it by the Act of 2001.".
The reason behind the inclusion of this new section is to ensure that there is an open and transparent mechanism in place to cater for indoor events being organised by a local authority. Precedents from previous planning and Local Government Acts provide that a regulatory procedure should not result in a situation whereby a local authority is applying to itself for a licence. It is important that the process has an independent status and that the public can see that the local authority is in compliance with the licensing system. That is the principle behind the insertion of the new section 23. The proposed process for the local authority is set out in a new subsection, 23(1), and will provide for the holding by a local authority of a proposed indoor event, including the putting in place of a consultation process with prescribed persons, health boards and the Garda. In this case elected members will be advised.
The elected members of the local authority promoting the event referred to in section 23(3) and (4) will have access to the same information, as well as having an opportunity to make of submissions to the fire authority in respect of the event within a prescribed time period. When that period has elapsed, the fire authority will be required to consider such submissions and observations and to prepare a report under section23(5)(a) in relation to the proposed event in the safety management plan.
Under section 23(5)(b), (c) and (d) the fire authority will specify the event, any conditions to which it will be subject, the prescribed person or persons consulted under section 23(2) and summarise the issues raised therein. The fire authority then makes the decision that the event can or cannot be held subject to conditions set out in section 23(5)(e), (a) and (c).
Section 23(6) states that the event may only be held in accordance with the licence. This will require the local authority promoting the event to hold it only in accordance with the fire authority's decision under section 23(5).
Section 23(7) defines local authorities under the Local Government Act 1921. While there are 114 local authorities, there are only 37 fire authorities. Town and borough councils wishing to hold an indoor event will have to apply to the relevant county council as the fire authority for their area and the Bill will allow elected members' input to the fire authority's decision making process.