Act will remove uncertainty regarding granting of music and singing licenses in Wexford
Cllr Oisin O'Connell was pleased to be informed that the adoption of legislation for music and singing licenses will have no affect on field days and barn dances.
In a memo from County Secretary Pat Collins, the members were informed that it is intended to propose a resolution for adoption of Part IV of the Public Health Act 1890 in respect Music and Dancing licences at the October meeting of Wexford County Council. The legislation will concern Wexford, New Ross and Enniscorthy.
Cllr O'Connor asked whether the adoption would affect field days and other similar events and he was informed that it would not.
Director of Services John Carley said that the matter was being raised due to a legal issue that has arisen. This was explained further in a copy of legal advice from Ensor O'Connor accompanying the memo. It stated that, in recent years, the context of the annual licensing Court, District Court Judges have queried whether Section 51 of the Public Health (Amendment) Act, 1890 has been adopted in respect of the Wexford and New Ross Urban Areas. If it has been passed, it allows the applicant to apply to the District Court for a Music and Dancing Licence, more commonly known nowadays as a Music and Singing Licence.
'...and while Music and Singing Licences appear to be regularly granted in Wexford and New Ross, in the absence of proof that Section 51 has been adopted by the Local Authority the District Court could refuse to grant Music and Singing Licences.
Needless to say, this could potentially have hugely adverse implications for premises such as, for example, the National Opera House, Wexford Arts Centre in Wexford and St Michael's Theatre in New Ross.'
To remove any uncertainty, it was advised that the County Council consider adopting the section.