COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF CLONDALKIN AREA COMMITTEE

Wednesday, April 18, 2018

QUESTION NO.11

QUESTION: Councillor F. Timmons

"To ask the Chief Executive for a report on the number of fines and what businesses have been fined in the Clondalkin area in regards to littering offences. Also to ask for an outline of what the law is and to ask why there are some repeat offenders and what action can be taken to combat this? 

REPLY: 

Section 6 of the Litter Pollution Act 1996 as amended, (the Act) requires the occupier of a public place to keep the premises and adjoining area free of litter.

Section 3.1 of the Council's By Laws for the prevention and control of litter, outlines the responsiblity of the occupier of a premises.  The occupier shall, if required by an authorised officer, at the occupier's own cost, provide an adequate number of litter receptacles immediately ouside their premises, of suitable design and size, with specifications, location and number to be approved in advance by the Council.

These responsibilities include: 

• keep footpaths, pavements and gutters within a 100m radius of their premises litter free
• remove graffiti from their property
• not to erect posters or signage without prior authorisation
• not to place commerical waste in a public bin

Where it is apparent that an occupier of a premises is contravening Section 6 of the Act, or that precautionary measures are required to prevent the creation of litter, the Council may serve a Notice on the occupier of the premises requiring the occupier to remove the litter or take precautionary measures, specified in the Notice issued pursuant to Section 9 of the Act, which the Council considers necessary. Failure to comply with the Notice may result in the issuing of a litter fine to the occupier.

Whilst it is not possible to provide the number of fines by electoral area, to date in 2018  (up to 31st March), the total number of fines issued in the South Dublin Administrative Area is one hundred and seventy eight (178).  Similarly, while it is not proposed to outline specific details relating to persons/ entities, to date in 2018 (up to 12th April), a total of nine notices and two fines in respect of businesses in Clondalkin.

Repeat offenders continue to attract the attention of the Litter Warden Service, and Fixed Penalty Notices are issued whenever there is adequate evidence that a person / entity has breached the provisions of Litter Pollution Act.