Paul McGrath (Westmeath, Fine Gael)
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Question 903: To ask the Minister for the Environment, Heritage and Local Government further to the recent media coverage of the Stardust tragedy, the legislation and regulations that govern the audience numbers, types of furniture and exit door requirements for indoor concerts in licensed premises. [10978/06]

Paul McGrath (Westmeath, Fine Gael)
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Question 904: To ask the Minister for the Environment, Heritage and Local Government further to the recent media coverage of the Stardust tragedy, the agency which has responsibility for enforcing fire safety regulations for licensed premises that hold indoor concerts and discotheques; if there can be limits put on numbers attending such events; and if there are requirements for interlocking seating to be used at such venues. [10979/06]

Dick Roche (Wicklow, Fianna Fail)
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I propose to take Questions Nos. 903 and 904 together.

The operation of fire services and fire safety in Ireland is governed by the Fire Services Acts 1981 and 2003 and by regulations made under those Acts. The legislation applies to all buildings except single domestic dwellings. The fire services legislation places a duty of care on persons in control of premises to take all reasonable measures to guard against the outbreak of fire on the premises and to ensure as far as reasonably practicable the safety of persons on the premises in the event of an outbreak of fire.

In addition, the legislation places a duty on every person on the premises to conduct himself or herself in such a way as to ensure that as far as is reasonably practicable any person on the premises is not exposed to danger from fire as a consequence of any act or omission by him or her.

My Department has produced a number of fire safety guidance documents to assist owners and occupiers of premises in meeting their statutory responsibilities. These include the code of practice for the management of fire safety in places of assembly, the code of practice for safety at indoor concerts and the code of practice for fire safety of furnishings and fittings in places of assembly. These codes deal, inter alia, with matters such as maximum attendance numbers and types of seating.

Building regulations under the Building Control Act, 1990 set out the requirements, including fire safety requirements, to be met in the design and construction of new buildings and in carrying out material alterations to existing buildings. The regulations require that buildings be designed and constructed in a manner that provides adequate means of escape in case of fire to a place of safety outside the building, which is capable of being safely and effectively used. Under the Fire Safety in Places of Assembly (Ease of Escape) Regulations 1985, the person in control of a premises must ensure that all escape routes to a place of safety are kept unobstructed and immediately available for use; the locking of exits and blocking of escape routes from places of assembly is a specific offence.

It is a function of the District Court when considering licensing applications under various enactments to determine maximum numbers in respect of premises. 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 an application. The fire services legislation gives extensive advisory, inspection and enforcement powers to the local fire authorities. Occupant capacity issues and maximum numbers permitted on the premises are reviewed as part of inspections, including during performance inspections, of licensed premises undertaken by fire authority inspectors under the Fire Services Acts. An inspector may, in addition to his or her advisory and inspection powers, serve a closure notice with immediate effect where he or she is of the opinion that a premises poses a serious or immediate risk to the safety of persons on or in the premises. These measures are in addition to the powers of the Garda Síochána and other public authorities under other legislative codes.