COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, September 14, 2020

QUESTION NO. 38

QUESTION: Councillor Joanna Tuffy

To ask the Chief Executive in light of evidence that transmission of Covid is less likely outdoors what is the situation regarding restaurants and cafes having table and seating outdoors, similarly casual traders selling food near or in parks, particularly during good weather.

REPLY:

South Dublin County Council cannot confirm or deny that Covid is less likely to be transmitted outdoors.

Section 71 of the Roads Act 1993 refers to unauthorised structures et al on public roads and Section 254 of the Planning and Development Act 2000  as amended, provides for circumstances  where the placing or maintaining of certain structures on/under/over or along a public road may be permitted.

The Council does want to support local businesses including where possible supporting the provision of outdoor seating and tables. As part of this the Council must still ensure that there is no hindrance to the reasonable use of the public road by the public, or any person entitled to use the public road. Similarily, the Council must ensure that a nuisance is not created to the owner or occupier of premises on/adjacent to the public road.

Therefore, where proprietors or occupiers of premises referred to in this question wish to erect or place tables and seating outdoors on public roads (including footpaths), they should consult with the Roads Department in order to have established if such a request can be accommodated.  

Casual Trading may only be conducted in accordance with the Council's Casual Trading Bye Laws 2016 and Licences awarded on an annual basis