COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, June 14, 2010

QUESTION NO. 8

QUESTION: Councillor J. Hannon

To ask the Manager to report on the responsibilities of retail business owners in relation to the control of litter emanating from their premises, and can he also advise as to the number of cases taken in 2007;2008; and 2009 (either by prosecution or otherwise) against such businesses,the monetary value of sanctions imposed in each year and the actual amount collected per annum?

REPLY:

The responsibilities of such persons are outlined in the following sections of the  Litter Pollution Act 1997 as amended:

• Section 6(1) states: “The occupier of a public place (not being a public road or a building or other structure) shall keep the place free of litter.”
• Section 6(2) states: “The occupier of any land (other than land consisting of a building or other structure) that is not a public place shall keep the land free of litter that is to any extent visible from a public place.”
• Section 6(4) states: “Every occupier of land adjoining a public road in respect of which a built-up area speed limit or special speed limit has been established in the functional area of a local authority shall keep free from litter – (a) any footway adjoining the land and forming, or forming part of, a public road, and (b) any area of land forming part of a public road between any such footway and the roadway.”

Section 16 describes the powers of local authorities to require the taking of special measures regarding litter by certain operations including at the premises or on land in the vicinity. while section 10 defines “land in the vicinity” as “in respect of an occupier, land within a reasonable distance, as specified in a notice to the occupier under this section, not exceeding 100 meters of the premises.”

Litter Wardens routinely inspect areas around businesses to ensure that they are meeting their responsibilities under the Act.

While specific records categorising offenders as businesses or non-businesses are not maintained, records for the relevant years show that there were 15 Litter Act Fixed Penalty Notices (on-the-spot fines) issued under Section 6(1) of the 1997 Act in 2007, with 24  in 2008 and 18 in 2009.  Additionnally, 5 notices were issued under Section 6(2) in 2007 with 6 in 2008 and 8 in 2009, and 11 notices were issued under Section 6(4) in 2007 with none in 2008 and 5 in 2009.  The total value of these fines were €4,650 in 2007; €4,500 in 2008 and €4,650 in 2009.  The amounts received for these fines were €1,950 in 2007; €2,250 in 2008 and €1,950 in 2009.

In addition, in 2008 and 2009, 158 & 86 Warning Notices respectively were issued by Litter Wardens pursuant to Section 6 (figure not available for 2007).