COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, April 11, 2011

MOTION NO.18

MOTION: Councillor E. Tuffy

That this Council is supportive of small retail businesses in the County, particularly in the traditional villages and smaller urban centres in the County, and requests the Manager to review and present a report on the approach and procedures taken by the Council in the matter of small signs, including sandwich boards, placed on footpaths outside shops and other retail outlets, and in particular if he will review the consistency of the Council's approach to sandwich boards outside shops and tables/chairs, canopies on the footpath outside cafes and restaurants, and if the Manager can advise on the laws, including bye-laws, and other regulations under which the Council deals with these issues?

REPORT:

Section 71 of the Roads Act 1993 provides, inter alia, that any person who, without lawful authority or the consent of a road authority –

(i)                  Erects places or retains a sign on a public road...

Shall be guilty of an offence.

In an effort to support businesses and to improve the visual amenity of the villages and streets of the County, the Roads Department has encouraged individual businesses and business associations to apply to the Council for the necessary permission with a view to granting a licence.

Provided the proposal is properly insured and the Council is adequately indemnified and the footpath is not restricted to a degree which impairs its use by persons with visual or mobility needs, the Roads Department would be generally favourably disposed to proposals.

In addition, Litter Wardens consistently enforce Section 19(1) of the Litter Pollution Act, 1997 as amended, which states that "where any structure or other land, door, gate, window, tree, pole or post is in or is visible from a public place, a person who is not the owner, occupier or person in charge thereof shall not exhibit or cause to be exhibited thereon any article or advertisement....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."  However, regard is had for any applications made to the Roads Department under the licensing application process outlined above.

However, as outlined in the motion, the issue is complex and in the absence of appropriate policies, there may be a lack of consistency of approach across all departments of the Council.  For this reason, the matter has already been identified by the members of the Transportation Strategic Policy Committee for their consideration and further examination, and has been included on the work programme for the SPC.  This work programme will be reviewed by the chairperson and Members of the SPC at their next meeting.