Sale of Tickets

Table of Contents

Purpose of 2021 Act

The purpose of the Sale of Tickets (Cultural, Entertainment, Recreational and Sporting Events) Act 2021Act is to promote fairer access to tickets for cultural, entertainment, recreational and sporting events by prohibiting the sale of tickets or ticket packages for a price exceeding their original sale price for events taking place in designated venues or for designated events.

The Act also prohibits the unauthorised sale or advertising for sale of tickets or ticket packages for matches and official events during the UEFA EURO 2020 football championship in 2021. A contract term shall be void insofar as it purports to exclude or limit the transfer of a ticket or ticket package or its sale for a price not exceeding the original sale price.

The Act provides for certain information requirements where a primary ticket seller sells or advertises for sale, or a secondary ticket seller advertises or offers for sale, tickets or ticket packages for events in designated venues or for designated events. The Act also gives effect, in relation to ticket sales, of certain provisions of Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market.

Designated Venue

A venue operator may apply to the Minister for Enterprise, Trade and Employment to have one or more venues designated for the purposes of the Act if the venue has the capacity to hold 1,000 or more and the venue applicant is of the reasonable opinion that the venue will hold events which may give rise to the sale by a secondary ticket seller of tickets or ticket packages for a price exceeding the original sale price.

The application must be in writing and in the form prescribed by the Minister. There is a fee for applications for designation. The Minister may designate a venue where he or she is satisfied that the application satisfies the conditions for designation or may refuse to designate a venue where he or she is not so satisfied.

Subject to specified conditions, Minister, after consultation with the venue operator, may designate a venue that has not been the subject of an application for designation, including a venue with a capacity of less than 1,000. There are requirements for the notification of designations and the time at which designations take effect.

The Minister may revoke a venue designation where he or she is no longer satisfied that the conditions for designation are met, or where the venue is no longer in operation or has ceased to hold events. There are requirements for the notification by the Minister of a refusal or revocation of a designation.

The venue applicant or operator may make representations oran appeal against such a revocation or refusal, or in the case of a refusal may apply instead for the designation of an event under the follow power

Designated Event

An event organiser or venue operator may apply to the Minister for Enterprise, Trade and Employment to have an event designated if, having regard to the nature of the event, the applicant is of the reasonable opinion that it may give rise to the sale of tickets or ticket packages by a secondary ticket seller for a price exceeding the original sale price.

An application may be made for the designation of an event which takes place on an annual or other periodic basis in the same venue. An application for the designation of an event must be in writing and in the form prescribed by the Minister. There is a fee. The Minister may designate an event where he or she is satisfied that the application satisfies the conditions for designation or may refuse to designate an event where he or she is not so satisfied.

Subject to specified conditions, the Minister may after consultation with the event organiser or venue operator, designate an event that has not been the subject of an application for designation. It further specifies the requirements for the notification of designations and the time at which designations take effect.

Refusal & Revocation

The Minister may revoke the designation of an event where he or she is no longer satisfied that the conditions for designation are met. There are requirements for a refusal or revocation of a designation. The event applicant, event organiser or venue operator, as appropriate, may make representations and appeal under against such a revocation or refusal.

Where the Minister makes or revokes a venue or event designation, notification of the making or revocation of the designation will be published in Iris Oifigiuil and information made publicly available in other appropriate ways with specified details of the designation or revocation.

An applicant, event organiser or venue operator may make representations to the Minister within 14 days of being notified of a proposed refusal or revocation of a venue or event designation. The Minister shall have regard to any such representations in deciding whether to proceed with the refusal or revocation of a designation.

The Minister shall notify the venue operator or event organiser in writing of his or her decision and unless an appeal is brought, the revocation will come into effect 28 days from this notification.

An appeal can be made to the District Court against the refusal or revocation of a venue or event designation or against a designation made by the Minister, where no application was made by the venue operator or event organiser, and provides that such an appeal shall be notified to the Minister. The Act sets out the orders that may be made by the District Court confirming the decision of the Minister or allowing the appeal against that decision.

The Minister shall establish, maintain a register of designated events and venues, and shall publish it on the internet or in another appropriate manner.

Ticket Sale Regulation

A secondary ticket seller who sells, or advertises for sale, a ticket or ticket package for an event in a designated venue or a designated event for a price exceeding the original sale price is guilty of an offence.

A primary ticket seller shall not sell, or advertise for sale, a ticket or ticket package for an event in a designated venue or a designated event without providing information that the ticket or ticket package is for such an event and that its sale for a price exceeding the original sale price is prohibited, unless the proceeds of the sale are used only to fund the activities of a charitable organisation or amateur sports club and its sale for that purpose has been approved by an event organiser.

The manner in which this information is to be provided is specified. A primary ticket seller who sells or advertises for sale a ticket or ticket package in contravention of the section is guilty of an offence.

A “primary ticket seller” is

an event organiser,
a venue operator,
a person authorised to sell tickets or ticket packages on behalf of an event organiser or venue operator, or
a person acting for, or on behalf of, the above,

but does not include a secondary ticket seller;

Secondary Operator

“secondary ticket marketplace” means a website, online service, electronic application or print publication which provides a secondary ticket seller with a facility for the sale or advertising for sale of tickets or ticket packages and includes a marketplace that also provides a facility for the sale or supply, or advertising for sale or supply, of other goods or services;

A “secondary ticket operator”, means—

a person who owns or manages the marketplace or is otherwise responsible for the operation of the marketplace, or
a person acting for, or on behalf of, a person referred to in paragraph (a);

A “secondary ticket seller” means a person who sells a ticket or ticket package that was originally sold by, or otherwise originally made available by or through, a primary ticket seller;

“sell” includes, in relation to a ticket or ticket package, to offer or expose the ticket or ticket package for sale or invite the making by a person of an offer to purchase the ticket or ticket package;

“ticket”, in relation to an event, means a card, pass, paper, document, device, whether in electronic form or otherwise, that on presentation entitles the holder to gain admission to the event;

“ticket package” means a package under which—

a ticket is sold or offered for sale at an inclusive price in combination with other goods or services, or
the purchase of other goods or services entitles the purchaser to buy a ticket for its original sale price or other specified price;

Secondary Operator Regulation

A secondary ticket seller shall not advertise or offer for sale on a secondary ticket marketplace a ticket or ticket package for an event in a designated venue or a designated event without providing information on the original sale price of the ticket and the location of the seat or standing area to which the ticket entitles the holder to gain admission.

It further requires the operator of a secondary ticket marketplace to ensure that a ticket or ticket package is not advertised or offered for sale on its marketplace without the secondary ticket seller providing this information. A primary ticket seller or secondary ticket operator who contravenes the section is guilty of an offence.

The above prohibitions do not apply to the sale, or advertising for sale, of a ticket or ticket package by, or on behalf of, a charitable organisation or amateur sports club if its sale has been approved by an event organiser and the proceeds of the sale are used only to fund the activities of the charitable organisation or sports club.

Contract Terms

A term in a contract between a primary ticket seller and another person shall be void insofar as it excludes or limits the transfer of a ticket or ticket package for no monetary consideration or its sale for a price not exceeding the original sale price. This does not apply to a term in a contract for the sale of a ticket or ticket package for EURO 2020 or for an event which excludes or limits the transfer or sale of a ticket or ticket package on the grounds of safety, public health or public order.

It does not prevent or limit an event organiser from enforcing a term in a contract for the sale of a ticket or ticket package that prohibits the sale of the ticket or ticket package for a price exceeding the original sale price.

Powers

There are powers of entry and search, and of examination, seizure and retention of evidence, of a member of the Garda Síochána who has reasonable grounds for believing that a person is committing, or has committed, an offence under the Act, or that evidence relating to such an offence may be found in a place.

It requires persons at, or in charge of, such a place to provide such assistance and information, and produce such books, records or other documents, as a member of the Garda Síochána may reasonably require for the purposes of his or her functions under the Act.

The provision further provides that a member of the Garda Síochána shall not enter a dwelling other than with the consent of the occupier or in accordance with a warrant issued by a District Court judge and specifies the requirements for the issuing of such warrants.

Offences

A person is guilty of an offence if he or she obstructs or interferes with a member of the Garda Síochána exercising a power conferred by the Act or a warrant issued under it, or impedes the exercise by the member of such power. It further provides that a person commits an offence if he or she fails or refuses to comply with such a request or a requirement or provides false or misleading information in respect of such a request or requirement.

A member of the Garda Síochána finds a person committing one of the above offences, the member may arrest that person without warrant and demand his or her name and address. A person who fails or refuses to give his or her name or address, or who gives a false or misleading name or address, is guilty of an offence.

The offences on the part of a secondary seller are subject on summary conviction to a class B fine or imprisonment up to 6 months for a first offence and on conviction of indictment to a fine up to €100,000 and or two years imprisonment or both. Other offences are subject on summary conviction to a class B fine or imprisonment of the six months with a higher sanction for second offences.

It is a defence for a person against whom proceedings are brought under the Act to show that he or she made all reasonable efforts to comply with the provisions of the Act alleged to have been contravened.

It is a defence in proceedings for an offence for the operator of a secondary ticket marketplace to show that he or she was providing for a specified purpose an information society service consisting of the transmission or storage of information provided by a recipient of the service.