Vol. 575 No. 3
333 Mr. O'Connor asked the Minister for the Environment Heritage and Local Government if there is a system in place to deal with the serious issues of overcrowding in nightclubs; the action open to authorities in the matter; and if he will make a statement on the matter. [28193/03]
Crowd safety in nightclubs is the responsibility in the first instance of those who manage the clubs and those who own, occupy or are in control of the premises in which the night clubs are run. It is a function of the District Court to consider applications for the registration of clubs and to consider licensing applications made in respect of night clubs for liquor or dance purposes under various enactments. Under section 24 of the Fire Services Act 1981, fire authorities are notice parties to the applications for such licences and may appear, be heard and adduce evidence in respect of the application.
Occupant capacity issues and maximum numbers permitted on the premises are reviewed as part of inspections, including during performance inspections, of night clubs undertaken by fire authority inspectors under the Fire Services Act. The Fire Safety in Places of Assembly (Ease of Escape) Regulations 1985 also apply to night clubs and require, inter alia, persons in control to ensure that all escape routes to a place of safety are kept unobstructed and immediately available for use.
The Licensing of Indoor Events Act 2003 made provision for a new licensing system to be operated by fire authorities for certain large-scale indoor events as well as amending and updating the enforcement provisions of the Fire Services Act 1981, making it simpler for fire authorities to prosecute offences and strengthening substantially the inspection and advisory powers of fire authority inspectors. The Act also gives statutory backing to existing codes of practice on fire and crowd safety. Under section 30 of the Act, an authorised fire authority inspector may, in addition to inspection and advisory powers, serve a closure notice with immediate effect where a premises poses a serious or immediate risk to the safety of persons on or in the premises at any time. The latter provisions came into effect from 14 July 2003.
The measures outlined above relate to fire authority powers to deal with issues of overcrowding in night clubs and are in addition to the powers of the Garda Síochána and other public authorities under other legislative codes.
