COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF CLONDALKIN AREA COMMITTEE

Wednesday, February 15, 2012

MOTION NO. 17

MOTION: Councillor B. Bonner

Cathaoirleach's Business

Following on from our motions and question of last month that the Manager would present a report on what has happened since then on the enforcement of the regulations with regard to trading from the street in Main Street, Clondalkin.  Could particular regard be given to the following issues:-

1. Items for sale, particularly clothing, being hung from the shop fronts

2. Items for sale being displayed on the pavement

3. Shopkeepers seated on the public pavement in order to keep an eye on goods displayed on the public pavement

Are these practices in contravention of the regulations and if so, why are they being tolerated on an ongoing basis?

REPORT:

The following report was considered at the January meeting of the Committee:-

"Detailed background information in relation to the above has been provided in previous replies.  In summary, 7 Final Notices were served on offenders under Section 71 of the Roads Act, 1993 in the Clondalkin Village area in 2010.  Following an operation carried out by Council Officials in conjunction with the local Gardaí in July 2010 a significant improvement was observed generally in the area.  Subsequent informal inspections continued on a regular basis and while minor infringements were noted, generally there was an overall marked improvement.

A further round of formal inspections on all premises was carried out in March 2011 and again a significant improvement was observed generally in the area.  2 Final Notices were served on offenders on Main Street, Clondalkin and 1 Verbal Warning issued on a premises on Orchard Road.

Following the instruction issued by the Area Committee, arrangements were made to undertake an operation under Section 71 of the Roads Act 1993 on Main Street, Clondalkin on 29th November, 2011 in conjunction with other sections of the Council and the local Gardaí.  However due to the inclement weather the operation had to be postponed. Subsequent informal observations did not detect any significant breeches of Section 71 at the location referred to in the motion.

A further scheduled inspection of the entire Village area was carried out on 9th January, 2012.  It was noted that only minor infringements were taking place at the location referred to in the motion and in the context of the overall inspection, these infringements were not considered significant. It was noted however that a number of significant infringements were taking place at a number of other premises in the area, including premises which had already been issued with final notices. These infringements were such that consideration is being given to holding another operation specifically targeted at these premises.

The Members attention is again drawn to the advice previously issued that it is not possible to target premises on an individual basis where adjoining premises are equally in breach of the provisions of the Roads Act.  It is proposed that monitoring, informal observations and formal operations will continue, having regard to available resources."

Arising from discussions at this meeting, it was agreed to carry out further inspections with a view to taking action in relation to trading from the footpath in the general village area.

Two further inspections were carried out at this location on the 23rd January and 1st February 2012.  On both occasions, there was minimal intrusion onto the footpath.  Some items were displayed for sale by hanging from the shutters etc, but they were not on the footpath.