COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF LUCAN AREA COMMITTEE

Tuesday, November 23, 2010

MOTION NO. 21

MOTION: Councillor E. Tuffy

Cathaoirleach's Business

That the Lucan Area Committee recognises the vital contribution of retail and other businesses to the vitality and sustainability of Lucan Village,  and also their rates contribution  to the income of the Council required to provide services, including environmental services, notes that a number of owners of retail shops in the village have recently been requested to remove "sandwich boards" from the footpath outside their premises (where the boards were not causing an obstruction and did not seem to be a safety risk) or face sanction by the Council under Section 19 of the Litter Pollution Act 1997, and requests the Manager to assess the approach of the Council in interpreting this particular Section 19 of the Act, with a view to a more reasonable approach to the application of the legislation, so that owners of retail shops, restaurants and public houses can use unobtrusive temporary signs to promote their businesses.

REPORT:

The contribution of businesses in Lucan Village and elsewhere throughout the County is of course recognised however, all businesses and citizens are equally expected to comply with laws enacted by the Oireachtas. In general, authorised signage is not a matter for the Litter Acts. In this instance, authorisation of signage is considered under a process administered by the Council's Roads Department. Any sign duly authorised under that process will not be classified as litter and will not therefore be pursued under the Litter Act.

Any person/business that wishes to place these signs or any other item on the public road/footpath should make application to the Roads Department for authorisation.

The relevant pieces of legislation are set out below -

Section 19 of the Litter Pollution Act, 1997 as amended, clearly prohibits articles and advertisements on certain structures, or other land etc. unless the person is authorised in advance to do so in writing by such owner, occupier or person in charge or by or under any enactment.

Section 71, of the Roads Act, 1993 as amended, further provides that any person who, without lawful authority or the consent of a road authority erects, places or retains a sign on a public road, or erects, places or retains on a public road any caravan, vehicle or other structure or thing (whether on wheels or not) used for the purposes of advertising, the sale of goods, the provision of services or other similar purpose shall be guilty of an offence.