COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF TALLAGHT AREA COMMITTEE

Monday, March 23, 2015

QUESTION NO.32

QUESTION: Councillor M. Genockey

"To ask the Chief Executive for details on what the rules are surrounding retail units having bins outside their stores and if they are responsible for cleaning the area outside of their stores?"

REPLY:

Sections 6 of The Litter Pollution Act 1997 (the Act) sets down the duties and obligations of occupiers of retail premises regarding littering, in particular:

Section 6(1) -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(4) - Every occupier of land adjoining a public road in respect of which a built-up area speed limit pr 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 6(6) – A person who contravenes any provision of this section shall be guilty of an offence.

Section 16 of the Act outlines the powers of local authorities to require the taking of special measures regarding litter by certain operations.

Section 16(1) – Without limiting the application of section 6(4), where it appears to a local authority that special measures are required to be taken by an occupier of any premises to which this section applies in order to prevent or limit the creation of litter at the premises or on land in the vicinity thereof, or both, caused likely to be caused by the operation of the business or undertaking of the occupier, the local authority may, by notice served on the occupier, require the occupier to take such measures at the premises or on land in the vicinity therefof as the local authority considers necessary to prevent or limit the creation of litter and provide for its removal.

In addition, Part 3 of the Council's Litter Bye-Laws outline the general obligations on occupiers of premises in relation to provision of receptacles outside their premises and the requirement to monitor land in the vicinity of their premises.

If/where any section of the Act or Bye-Laws is deemd to be contravened, appropriate enforcement action is taken.