QUESTION: Councillor F. Timmons
To ask the Chief Executive to clarify business owners' responsibilities under the Litter Pollution Acts and how is this communicated to them by SDCC?
REPLY:
Under the Litter Pollution Acts 1997–2009, business owners and occupiers of premises have a statutory responsibility to take all reasonable measures to prevent the creation of litter arising from their business activities. This includes maintaining the area immediately adjoining their premises, such as footpaths, forecourts, and customer access areas, to ensure they are in a litter-free condition and ensure that adequate waste management arrangements are in place.
Particular responsibility applies to businesses whose activities are likely to generate litter, including food and takeaway outlets.
South Dublin County Council communicates these obligations to business owners through a number of channels. Information on responsibilities under the Litter Pollution Acts is available on the Council’s website and through written correspondence where appropriate.
Business owners are also advised of their obligations during inspections carried out by the Council’s Litter Wardens, with guidance provided in the first instance to encourage voluntary compliance.
Where ongoing litter issues are identified, the Council may issue a Section 19 Litter Pollution Notice, which requires the occupier of a premises to take specified measures to prevent the occurrence or recurrence of litter.
Failure to comply with a Section 19 notice may result in further enforcement action, including the issuing of litter fines or prosecution, in accordance with the legislation. This can be further strengthened with a review of the current Litter Management Plan being brought to the Environment, Public Realm & Climate Change SPC and the making of the new Litter Management Plan 2026 - 2029
The Council continues to engage with businesses to promote awareness of their responsibilities and to support compliance with the Litter Pollution Acts, with enforcement measures applied where necessary.