COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, February 08, 2010

MOTION NO. 13

MOTION: Councillor W. Lavelle

That this Council calls on both the Ministers for Health & Environment to urgently introduce legislation to allow for the stricter regulation and preferably prohibition of all so-called 'legal highs' and 'head shops'; and in the interim requests the Manager to present a detailed report, for discussion, on the options available to the elected members under current legislation to adopt policies, possibly as part of our new County Development Plan, to restrict the opening and/or operation of new 'head-shops' in our county.

REPORT:

From the perspective of the Planning and Development Regulations ‘Head Shops’ are classed as Shops.

The Planning and Development Regulations define a shop as:

‘‘shop’ means a structure used for any or all of the following purposes, where the sale, display or service is principally to visiting members of the public -

(a) for the retail sale of goods,

(b) as a post office,

(c) for the sale of tickets or as a travel agency,

(d) for the sale of sandwiches or other food or of wine for consumption off the premises, where the sale of such food or wine is subsidiary to the main retail use, and “wine” is defined as any intoxicating liquor which may be sold under a wine retailer’s off-licence (within the meaning of the Finance (1909-1910) Act, 1910), 10 Edw. 7. & 1 Geo. 5, c.8,

(e) for hairdressing,

(f) for the display of goods for sale,

(g) for the hiring out of domestic or personal goods or articles,

(h) as a launderette or dry cleaners,

(i) for the reception of goods to be washed, cleaned or repaired,

but does not include any use associated with the provision of funeral services or as a funeral home, or as a hotel, a restaurant or a public house, or for the sale of hot food or intoxicating liquor for consumption off the premises except under paragraph (d), or any use to which class 2 or 3 of Part 4 of Schedule 2 applies;”.

A change in retail use within the above definition is exempted development and does not require planning permission. Any application for retail use must be considered under the above definition; conditions  may not be attached to any grant of planning permission for a shop use that would further restrict the above 'shop' definition.

With respect to the  County Development Plan, this document sets out policies and objectives for the future development of the County. Such  policies and objectives cannot be at odds or conflict with the Planning and Development Regulations.

The issue of "Head Shops"  has been highlighted in recent weeks and it is considered that the issues surrounding these shops should be more appropriately dealt with through separate legislation/ regulation  rather than  through the planning system.       If the motion is passed the members' sentiments will be conveyed to the Minister for Health,  Mary Harney  and the Minister of State, John Curran.