COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF TALLAGHT AREA COMMITTEE

Monday, June 22, 2015

MOTION NO. 5

MOTION: Councillor D. Richardson

That the Chief Executive report on the current bye laws for business & shops where litter is left outside certain shops and other businesses, litter is a major problem in certain areas in Tallaght. I have been asked to highlight the Kiltipper area where the shops are, lots of litter in this area from certain shops no one taking ownership.    

REPORT:

The Litter Pollution Act 1997, as amended, was introduced to provide for the prevention and control of litter pollution, the prevention of the defacement of certain places and matters relating thereto.

ByeLaws are essentially local laws designed to deal with local issues.  South Dublin County Council, in exercise of the powers conferred on it by Part 19 of the Local Government Act 2001, Section 21 of the Litter Pollution Act, 1997, as amended by section 57 of the Protection of the Environment Act, 2003, made Bye-Laws relating to the prevention and control of litter in its administrative area.  These ByeLaws became effective from 14th October 2013. 

The Act and the ByeLaws gives the Council extensive powers to deal with litter and litter offenders and outlines general obligations, offences and enforcement.  To date however enforcement as approporiate has been taken under the various provisions of the Litter Pollution Act and not under the ByeLaws.

Section 6 of the Act requires the occupier of a premises to keep the premises clear of litter and to keep adjoining premises free of litter. 

Where it is apparent that an occupier of a premises is contravening any provision of Section 6 of the Act or that precautionary measures are required to prevent the creation of litter, the Council can serve a Notice on the occupier of the premises requiring the occupier to remove the litter which the contravention relates to, or take the precautionay measures specified in the Notice, as the Council deems necessary.  Non compliance of a Notice may result in a litter fine being issued in accordance with The Act.

The Litter Warden carried out an inspection of the shops at Marlfield Mall and reported that there was a small amount of litter present in front of two shops at this location.   Two (2) Notices were issued in accordance with Section 6 of The Act.  This location is monitored in line with the Warden Service patrol and where necessary, enforcement action is taken.