COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF LUCAN AREA COMMITTEE

Tuesday, September 26, 2017

MOTION NO.12

MOTION: Councillor E. O'Brien

Cathaoirleach's business

"To ask the Chief Executive to clarify the circumstances surrounding the granting of a licence for concerts to be held on public or private lands within the County and the process involved, and notices to the public, if any, required for the granting of such a licence." 

REPORT:

"The licensing of concerts is governed by Part XVI of the Planning & Development Act 2000 (as amended) and Part 16 of the Planning and Development (Amendment) Regulations 2015 respectively, in circumstances where the concert, which is classified as an event attracts an audience of 5,000 or more people. It should be noted that a licence for an outdoor event is not required where an event has an audience of less than 5,000 people.

In circumstances where a concert has an audience of 5,000 or more people, Article 186 of the Planning and Development Regulations 2001 (as amended) requires that an application must be made at least 13 weeks prior to the date of the holding of the event to which the application relates. The licence process is outlined below.

Licence Process

Article 187 of the Planning and Development Regulations 2001 (as amended) sets out the form and content of a licence application. A valid application is to be accompanied with the following:

• A copy of the relevant page of each newspaper containing the public notice;
• Written consent of the Landowner;
• A Draft Management Plan prepared in accordance with appropriate codes of practice including:
  • the names and responsibilities of the event controller, the event safety officer and their deputies;
  • a draft site emergency plan;
  • a draft traffic management plan;
  • a draft safety strategy statement;
  • a draft environment monitoring programme for before, during and after the proposed event; and
  • provision for the removal of structures and the carrying out of any works for the reinstatement of the venue subsequent to the event;

• 6 copies of the application and accompanying documents (including site location map, site layout plan and a viewing accommodation plan);
• Statutory €2,500 fee (event held for profit/gain).

Pre-application Consultation

As part of the application process for an event licence there is a legal requirement to engage with South Dublin County Council in pre-application consultation. Article 186(1)(A) of the Planning and Development Regulations 2001 (as amended) states that ‘A local authority shall not accept an application for a licence for a proposed event unless a pre-application consultation meeting under article 184 has taken place in relation to the event during the 12 month period prior to the date 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, 12 months prior to the holding of the first event’.

In addition to the above, Article 184(3) of the Planning and Development Regulations 2001 (as amended) requires that a preliminary risk assessment of the proposed event be submitted to South Dublin County Council in advance of any such pre-application consultation meeting. Upon receipt of a preliminary risk assessment, South Dublin County Council are obliged to send a copy of the assessment to the relevant prescribed bodies.

Newspaper Notice & Submissions

The event licence process also includes provision for a public notice. Article 185(1) of the Planning and Development Regulations 2001 (as amended), requires the applicant to publish a notice of his or her intention to submit an application for a licence in one local and one national newspaper notice within 2 weeks prior to making an application for license.

Any person may make a submission or observation in writing to South Dublin County Council in respect of the proposed event within 3 weeks of the date of publication of the notice. All submissions will be considered by South Dublin County Council as part of the licence process.

Consultation with Prescribed Bodies

Within 1 week of receipt of an application, South Dublin County Council are required to consult with the relevant 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 3 weeks of the date on which the application was received by the local authority.

Application Decision

South Dublin County Council shall make a decision in respect of an application not earlier than 5 weeks after receiving the application and not later than 4 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, not later than 4 weeks prior to the holding of the first event.

South Dublin County Council is required to issue notice of its decision to the applicant, prescribed bodies and any person who made a submission or observation in relation to the licence application."