Digs concern ahead of major city events

Last year the Sentinel revealed how a host family scheme proposed for visitors to the Londonderry UK City of Culture Fleadh Cheoil na hÉireann 2013 may be illegal under current tourist accommodation law in Northern Ireland.

Now Tourism Minister Arlene Foster has confirmed she needs a business case for every proposed ad hoc accommodation solution this year, before she will consider an exemption from the current tourist accommodation laws.

Sinn Féin MLA Maeve McLaughlin asked her “whether there will be an exemption from current legislation to allow for pop-up accommodation and a residential rent-a-room scheme.”

Mrs Foster replied that: “Under the Tourism (NI) Order 1992, any proposal for an exemption to the certification requirements for accommodation requires a site specific business case to be submitted to my Department for approval.”

She revealed that until a business case was received, the Department “cannot consider, or conclude on, whether an exemption should be granted.”

Mrs Foster said that in the case of potential demand around UK City of Culture 2013 events it was up to Derry City Council to liaise with the NITB to ensure that “in the event that a request for an exemption is deemed necessary and appropriate, a business case is developed and presented to the Department for consideration.”

Last October the Sentinel reported how it appeared that the rush to find accommodation for the expected influx of musicians and music lovers this year may fall foul of the law.

Under the Categories of Tourist Establishment (Statutory Criteria) Regulations (Northern Ireland) 1992(3), which were recently amended, only hotels, guest houses, bed and breakfast establishments, self-catering establishments, hostels, bunk houses, campus accommodation and guest accommodation are regulated as tourist digs in Northern Ireland.

It appeared from the criteria for the various accommodation types under the law that a lay host family would struggle to make the grade.

The accommodation problem is the second snag to the year-long festivities unveiled by the Sentinel.

In Spring 2012 Derry City Council told the Sentinel it was reviewing strict city bye-laws to see if they could fit more easily with a major programme of outdoor events planned for the city.

Londonderry’s local authority is death on booze and its strict street drinking bye-laws enforced since October 2009, ban the consumption of alcohol in public places.

This may prove awkward during Fleadh Cheoil na hÉireann which is scheduled to be held here as part of Londonderry UK City of Culture 2013

People breaking the Londonderry street drinking bye-laws in 2013, however, will risk fines of up to £500.

A Council spokesperson told the Sentinel that the current bye-laws empower Council to prosecute those found to be in breach of the legislation.

“The Council is the enforcing authority, but can only take enforcement action on foot of a report of an alleged breach of the bye-law from the police.

“The only enforcement power available to Council is to prosecute for breach of the bye-law before the Magistrates’ Court for which the court, on conviction can only impose a maximum penalty of £100.

“During last year (21st March 2011 to 22nd March 2012) 56 Cautions were signed and 18 Summons were issued in relation to alleged breaches of the bye-law from the police,” the spokesperson told the paper.”