Night Time Economy Noise Mitigation Grant Scheme 2023 (NMGS 2023) Guidelines

Due to the high number of applications submitted, this scheme is now closed.

• Applications are now invited under this scheme.

• The application for funding under this scheme involves a two stage process:

• Stage 1: Assessment of eligibility and application for funding for an Acoustic Consultant’s Report

• Stage 2: Application for funding for proposed noise mitigation works (as recommended in the Acoustic Consultant’s Report submitted)

• A venue may make only one application under this scheme.

• Recipients of CECGS 2021 and 2022 grants may also apply under this scheme for capital costs related to noise mitigation works, provided the application under CECGS 2021/2022 was not made for noise mitigation works.

• Applications will be considered strictly by order of date and time of receipt by the Department.

• Applicants are required to carry out any works in accordance with technical guidance detailed in Part E of the Building Regulations 2014 which should be read in conjunction with the Building Regulations 1997-2014. For further advice and information, Applicants should contact their local authority planning office.

• Applicants should also familiarise themselves with the following guidance documentation:

• Environmental Noise Guidance for Local Authority Planning & Enforcement Departments (AACI Guidance Document)
• Noise Report Checklist (AACI Guidance Document)

Important: The Department may carry out spot checks with the relevant local authority to ensure that there is no unauthorised use/enforcement in place, including any relevant planning conditions associated with the venue and that the work has been carried out in adherence with these guidelines.

The Night-Time Economy Taskforce was established by Catherine Martin T.D., Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media, on 30 July 2020 as one of the priority actions for the Department and in line with a commitment in the Programme for Government.

The Report of the Night-Time Economy Taskforce which was published on 15th September 2021, contains 36 practical recommendations in the area of regulation, licensing, planning, transport, safety and increasing the diversity of activities as part of the night-time offering.

The Taskforce recognised that the issue of noise management requires a sensitive approach, grounded in practical measures that can mitigate risk to residential amenity while still allowing a vibrant Night-Time Economy to thrive. In this context, the Taskforce recommended that practical solutions for more effective noise management in the Night-Time Economy should be developed, including a grant scheme for noise mitigation measures for venues.

The aim of this Scheme is to:

• Provide financial support to venue owners to take pro-active steps to implement noise mitigation measures to better control and reduce sound emissions at source;

• Help maintain and develop strong relationships with neighbouring residents and businesses;

• Help support any planned extension of opening hours for nightclubs and other late night venues operating in the night-time economy as proposed by the publication of the Sale of Alcohol Bill 2022;

• Improve the in-venue health and safety of audiences, performers and staff;

• Support additional cultural opportunities in the Night-Time Economy.

Applications for funding are invited in two stages:

Stage 1: Assessment of Eligibility

• Applicants are first invited to submit an application confirming their eligibility for the scheme. This should include details of the venue, confirmation of compliance with the guidelines, a copy of the venue’s most recent audited management accounts and an auditor/accountant’s letter (see qualifying criteria in these guidelines).

• Applications will be processed in order of date and time received by the Department. Applications with incomplete or insufficient information will be declined at this stage.

• Applications that are deemed eligible for the Scheme will be approved in principal to commission a report on the venue by a registered professional acoustic consultant who is a corporate member of a professional body (such as the Association of Acoustic Consultants of Ireland (AACI), the European Acoustics Association (EAA), or the Institute of Acoustics (IOA in the UK) or equivalent). Ideally consultants should hold specialist expertise in building acoustics/engineering noise control/environmental noise. They must carry professional indemnity insurance relevant to the contracted works.

• Should all of the funding be allocated by the time an application is processed, the Applicant will retain their place on a waiting list and will be informed should more funding become available.

Stage 2: Proposal for Funding for Noise Mitigation Works

• Applicants who are notified they have been successful at Stage 1 will have a period of three months from that date to submit their Stage 2 application.

• Stage 2 requires that the applicant submit the acoustic consultant’s report, which should include technical recommendations which support the suggested works and materials to be used. Applicants are encouraged to include a Noise Management Plan detailing how aspects of noise emissions can be managed at the venue, if the venue does not have an existing plan or Code of Practice in place. Only works recommended in the acoustic consultant’s report that are in compliance with Section 7 of these guidelines will be eligible for funding.

• The Acoustic Consultant’s Report should detail the following:

a) A Noise Risk Assessment detailing the sources of noise emissions from the venue and the potential impact on surrounding residents/businesses.

b) Works recommended to mitigate noise emissions, and any material specifications recommended.

c) An indication of the likelihood of success in reducing noise emissions should the recommended works be carried out.

• While every effort should be made to implement to recommendations in the Acoustic Consultant’s report, it is not a requirement to carry out all of the works recommended in the report. Where only a select number of recommendations are implemented, those which will have the greatest impact on noise reduction should be prioritised.

• Applicants that are in receipt of grant assistance must comply with public procurement guidelines. Please see https://www.gov.ie/en/publication/c23f5-public-procurement-guidelines-for-goods-and-services/

• At least one professionally prepared quotation or pre-tender estimate must be uploaded to the online application form for all aspects of the project (including materials). This can be one or more documents but must cover everything being applied for. The following types of documents are acceptable as quotes:

1. An estimate prepared by but not limited to an acoustic engineer, quantity surveyor or architect.

2. A quote from a contractor/supplier

3. Extract from a catalogue/website (for equipment only).

If quotes are not provided for any aspect of the work, only the other parts of the project will be considered.

• The contractor employed to carry out the works must be registered with Revenue and have a valid Tax Clearance Certificate, and also have professional indemnity cover to the value of the works being carried out.

• Applicants who do not wish to proceed with the works following receipt of the acoustic consultant’s report can opt to draw down funding covering 70% of the cost of commissioning the report.

• For those who opt to proceed with the noise mitigation works, support will be offered by way of a grant payment to the value of 70% of eligible works to facilitate noise mitigation, up to a maximum of €70,000 (this figure includes the cost for the acoustic consultant’s report). Grant recipients will be required to fund the remaining 30% of costs. To note: all grant payments will be made on the basis of paid invoices submitted (matured liabilities basis).

• Applicants who are approved at Stage 2 will be notified of the grant amount offered, and can proceed with the works. Maximum grant amounts offered to each successful applicant will be approved in principle based on the works proposed on the application form.

This scheme is targeted at late night venues, such as nightclubs, late bars and late night venues that are in need of noise emission mitigation measures to reduce noise emanating from late night entertainment associated with the premises. This includes music of all genres, dance, and live performance in venues that are open late.

Businesses (whether sole traders, partnerships or incorporated entities) that operate from a premises that is not a domestic dwelling, and which is frequented by audiences or the public in general, may also apply. This must be verified using an Auditor’s Certificate/Letter signed by an Accountant. The Auditor’s Certificate/Letter signed by an Accountant must detail the following;

a) Confirmation of the relevant VAT-Exclusive Turnover. While your business may have turnover relating to other sectors, only turnover that relates to live entertainment activity within the night time economy sector will be considered.

b) Confirmation that the company operates from a stated premises that is not a domestic dwelling and which is frequented by audiences, classes or the public in general.

c) Confirmation that the business has complied with its obligations in relation to tax registration, tax payments and filing of tax returns.

d) Confirmation that the applicant has not been in an undertaking in difficulty (has not entered insolvency proceedings) on or before 31 December 2022.

e) Confirmation that the applicant is not in receipt of other public funding for the capital costs to which the application pertains under this scheme.

f) Confirmation that the applicant has not been in receipt of State Aid exceeding De Minimis limits, including the value of the grant being applied for.

• The business must be located in the State.

• Profits of the trade or trading activities of the business must be chargeable to tax under Case 1 or II of Schedule D.

• Businesses must have a current eTax Clearance Certificate from the Revenue Commissioners at the time of the application being approved for funding, and at the time of drawing down the funding.

• The business must have an annual VAT-exclusive turnover related to entertainment activity within the night time economy of €35,000 or more. The applicant must submit at least one of the following documents in support of this criteria:

Note on accounting periods

For established businesses with an accounting period or basis period ending on 31 December, the relevant turnover amount will be based on the accounts made up to that date. For established businesses with an accounting period or basis period that does not end on 31 December 2022 (or a business with an accounting period or basis period that ends on that date but it is less than 12 months in length), the calculation of the relevant turnover amount of the business may generally be determined on a pro-rata basis, by apportioning the turnover of the business included in two more sets of accounts that cover the period 1 January 2022 to 31 December 2022.

Who is not eligible to apply?

The following businesses will not be eligible:

• Businesses that do not operate from a premises that is open to members of the public.

• Private Residences.

• Businesses that are not located in the State.

• Business that do not typically operate in the night time economy.

• Businesses with VAT-exclusive turnover relating to entertainment activity within the Night-Time Economy of less than €35,000 annually.

• Retail businesses e.g. arts & craft shops, etc.

• Casinos or Bingo halls.

• Third level colleges, ETBs and schools.

• Businesses who are in receipt of other public funding towards the capital costs for which the application is being made.

• Businesses who already received funding under the Commercial Entertainment Capital Support Scheme 2021 and/or 2022 for noise mitigation measures.

• Businesses in receipt of de Minimis State Aid which is (or would be upon receipt of this grant) in excess of €200,000 in any three fiscal-year period.

• Existing grantees of schemes run by the Department that are currently not in compliance with the Service Level Agreements issued and the associated drawdown procedures.

This scheme will operate with a limited fund of €2 million. Due to the high volume of applications anticipated, it may not be possible to allocate funding to all eligible applicants. The Department will consider applications strictly by order of date and time of receipt.

This scheme will fund 70% of the cost of proposed works to a maximum of €70k for approved applicants once invoices and evidence of payment by electronic transfer for works carried out have been submitted to the Department for 100% of VAT exclusive eligible expenses.

Please Note: Prefunding is not available for this Scheme. Grant payments will be made on the basis of paid invoices submitted (matured liabilities basis).

Where an applicant is not eligible to reclaim VAT for their project, this will be recoupable.

Should successful Grantees no longer require the full amount of funding that they have been allocated, they are required to notify the NMGS team in early course.

Payments under the scheme are taxable and a tax liability may arise when the business makes its annual tax returns.

The following are eligible for funding, including, but not limited to:

• Noise mitigation measures to premises to improve the safety and comfort of customers, staff, and neighbours. These may include, but are not limited to:

• Installation/Replacement of noise cancelling systems
• Improvement/replacement of window and door seals
• Replacement of existing doors and windows with type approved acoustic doors and windows
• Sound insulation of walls, ceilings and floors
• Replacement of DSPs and/or loudspeaker systems for improved control of loudspeakers
• Construction of acoustic absorbers

• Installation of facilities/structures that assist in crowd management or stewarding that will reduce noise created outside of premises (i.e. in queues).

• Installation of structures designed to reduce noise in outdoor areas within the curtilage of the premises (e.g. noise barriers to reduce the noise from beer gardens).

• Fee for commissioning a report by a professional acoustic consultant who meets the professional membership criteria stated above.

Please note eligible capital expenditure can be claimed from 18th July 2023 and will cover eligible capital projects that must be completed by the 15th November 2024.

The following are not eligible for funding, including, but not limited to:

• purchase of lands or buildings
• insurance
• legal fees
• personal IT equipment, PCs, Macs and associated software packages
• musical instruments
• vehicles
• consumables
• annual maintenance contracts
• rent
• staffing costs
• other ongoing or routine costs
• installation of any facilities/structures not directly intended to mitigate noise works and not recommended in the acoustic consultant’s report
• works to surrounding or third party premises
• works carried out and/or materials purchased prior to the issue of approval

Timing of scheme

The Scheme will open from 4pm on 18th July 2023 and will remain open for stage 1 applications until 31st December 2023 or until the fund is exhausted, whichever occurs first.

Please note that it may not be possible to allocate funding to all eligible applicants. Applications will be considered strictly by order of date and time of receipt in the Department.

Acknowledgment of funding

Businesses will be obliged to acknowledge the Department's assistance in Annual Financial Statements for the year the grant is paid.

Conditions of funding

Funding is subject to the following conditions. Failure to comply with all the conditions may cause all or part of the grant to be refused, withdrawn or withheld.

• The Applicant must submit a clear proposal outlining their need for the grant- relating to the noise mitigation works proposed.

• The contractor employed to carry out the works must be registered with Revenue and have a valid Tax Clearance Certificate, and also have professional indemnity cover to the value of the works being carried out.

• Applicants who are leasing their venue must have permission (written) from the venue owner to carry out the works, and must have a remaining term of at least two years in their lease agreement.

• Applicants are required to retain evidence and documentation that supports the basis for making a claim under this scheme and submit it to the Night Time Economy Unit at the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media in order to draw down the funding. The Applicant must retain and submit all invoices and receipts for all eligible expenses, including the electronic transaction record.

• Once approved for the scheme, grantees must draw down the funding by the end of November 2024.

• Only the works which have been recommended by the acoustic consultant, proposed by the applicant and approved by the Department will be approved for funding. No subsequent additional/alternative works will be considered.

Please Note: The Department reserves the right to request further information from you in order to assess your application if so required, and may arrange for spot checks on venues to assess that the work has been carried out in adherence with these guidelines.

Approval Procedures

All applications under this scheme received by the Department will firstly be checked to ensure eligibility.

Only complete applications will be considered. Incomplete or missing forms will result in your grant claim being rejected.

Applications will be considered strictly by order of date and time of receipt by the Department.

Applications must meet the conditions of funding.

The information provided in this document is intended to give applicants an understanding of the process by which applications for assistance are assessed and approved and does not purport to be a legal interpretation.

Disclaimer

The Department of Tourism, Culture, Arts, Gaeltacht, Sports and Media shall not be liable to the applicant or any other party for any loss, damage or costs of any nature resulting directly or indirectly from the application or its subject matter or the Department’s rejection of the application for any reason.

The Department, its servants or its agents shall not at any time or in any circumstances be held responsible or liable for any matter connected with developing, planning, financing, building, operating, managing and/or administering individual projects or any matter connected with the part payment by the Department of invoices submitted by grantees.

The Department accepts no liability or responsibility, whether for breach of contract, negligence or otherwise, in respect of any claim or cause of action arising out of, or in relation to, any equipment, material, work, system or installation in respect for which grant approval was given by the Department. The requirement of registration of a contractor with a professional body does not infer any warranty or endorsement of that contractor by the Department.

Please Note: Applicants are responsible for ensuring health and safety regulations are adhered to during and upon completion of any works carried out. Works carried out should not interfere with planning or fire safety regulations, and should be carried out in accordance with Part E of the Building Regulations 2014 which should be read in conjunction with the Building Regulations 1997-2014. Venues must be in compliance with any planning conditions that have been implemented. The Department cannot be held liable for the outcome of any interventions employed by the Applicant, including the level of reduction in noise pollution, and/or for the organiser’s failure to implement any advice or guidance provided by the subject matter expert or failure to comply with any planning conditions. The Department will bear no responsibility or involvement in any noise disputes arising before, during or after the noise mitigation interventions are employed by the applicant. Receipt of a grant from this Scheme does not guarantee protection against noise complaints or in Court proceedings. Standards referenced in this guidance may be revised and/or updated at intervals by their respective issuing bodies. It is the responsibility of the applicant to ensure that the most up to date standards and guidance are observed and applied.

Freedom of Information Act 2014

Under the Freedom of Information Act 2014, details contained in applications and supporting documents may, on request, be released to third parties. If there is information contained in your application which is sensitive or confidential in nature, please identify it and provide an explanation as to why it should not be disclosed. If a request to release sensitive information under the legislation is received, you will be consulted before a decision is made whether or not to release the information. However, in the absence of the identification of particular information as sensitive, it could be disclosed without any consultation with you.

Monitoring

Grantees will be required to comply with the highest standard of transparency and accountability as documented in the Department of Public Expenditure and Reform Circular 13/2014 - Management of and Accountability for Grants from Exchequer Funds.

Evaluation

On completion of your project, you will be required to complete an Evaluation Report in relation to your participation in this scheme, including an evaluation of the impact of the grant for your business.

Data protection

For data protection in relation to the department, please see information at the following link: https://www.gov.ie/en/organisation-information/df3fe-data-protection-policy/

Acknowledgement of Funding

Grantees will be obliged to acknowledge the Department's assistance in the Annual Financial Statements for each year the grant is in payment.

Publication of details

Details of successful grantees may be published on the Department’s website (details may include names, county in which the beneficiary is located and grant amount).

• Please ensure that you have read these Guidelines before starting your application.

You can apply via an online application form which can be found here.

• Click on the “Start New Application” button and complete the form. In submitting the application, the applicant will be confirming that the application being made meets the criteria set out in the Guidelines for the Scheme.

• Applicants should ensure that their application form is completed in full and the additional documentation is submitted with the application. The applicant will be required to confirm a number of items on a checklist in the application form before submitting the application including confirmation that the application is in line with the criteria set out in the Guidelines for the scheme.

• A confirmation email will issue detailing your application and your reference number. Please contact the Department at NMGS@tcagsm.gov.ie if you do not receive a confirmation email.

• Applicants may save a draft version of their applications before they submit their final application form – but please note that drafts will not be considered. The onus is on the applicant to ensure their application has been submitted.

• Submission of false or misleading information to the Department at any stage is treated very seriously. Any business that does not comply with the terms and conditions of the ‘Night Time Economy Noise Mitigation Grant Scheme 2023’ may have their grant withdrawn or be required to repay all or part of a grant and/or be barred from making applications for a period of time.

• For any queries on the application process, please email NMGS@tcagsm.gov.ie

An appeal may be made by an applicant if the applicant considers that the process for reviewing their application was not adhered to.

The applicant must be in receipt of a decision email from the NMGS team in order to make an appeal. An appeal must be made within 5 working days of the date on the decision email. Appeals submitted after this date will not be accepted.

See further information on the appeals process.

Night Time Economy Noise Mitigation Grant Scheme 2023 (NMGS 2023) – Appeals process here.

Night Time Economy Noise Mitigation Grant Scheme 2023 (NMGS 2023) - Your questions answered here.

For all queries in relation to NMGS 2023 please email NMGS@tcagsm.gov.ie

The Department of Tourism, Culture, Arts, Gaeltacht Sports and Media (D/TCAGSM) is the grant aiding Authority for the Scheme and confirms that it will respect the monitoring and reporting obligations in relation to State Aid.

The aid being sought is provided under the European Commission Regulation on De Minimis Aid. Small amounts of State Aid, up to €200,000 in any three-year period to any one enterprise, are regarded as too small to significantly affect trade or competition in the common market. Such amounts are regarded as falling outside the category of State Aid that is banned by the EC Treaty and can be awarded without notification to or clearance by the European Commission. A Member State is required to have a mechanism to track such aid (called 'De Minimis aid') and to ensure that the combined amount of De Minimis aid payments from all sources to one enterprise in any three fiscal-year period respects the €200,000 ceiling.

Applicants will be asked to provide details of all other De Minimis aid which has been granted to their business within the past three fiscal years. A false declaration by a company resulting in the threshold of €200,000 being exceeded could later give rise to the aid being recovered with interest.

All NMGS funding is De Minimis Aid and applicants will also be asked to acknowledge that NMGS 2023 is being offered under De Minimis Aid by declaring that they wish to apply for NMGS under the De Minimis Regulation (EC) 1407/2013 of 18 December 2013.