The Taoiseach said there is a “need for a National Planning Statement” in relation to vape shops
Independent Ireland Councillor for Naas MD Bill Clear has warned that a National Planning Statement on vape shops risks "missing the central problem" of existing premises' that don't require a planning application
It comes as the Taoiseach Michael Martin has said there is a “need for a National Planning Statement” from Government to allow local councils to object of vape shops opening in their towns and villages.
Cllr Clear believes that it "won't stop a single vape shop opening in an empty retail unit".
He explained that in many cases no planning application is required in the first place.
"The problem is that when a vape shop opens in a premises that was already being used as a shop, there may be no planning application for the council to decide on.
“You cannot object to an application that does not exist. If we genuinely want local authorities to have control over where vape shops are opening, then the planning regulations themselves need to change.”
Cllr Clear also said the Government should consider creating a specific planning-use category for vape shops, meaning a premises changing to that use would require planning permission.
“This does not need to become another issue that spends years going through reviews, statements and announcements.
“If vape shops were placed into their own planning class, councils and communities would have a proper opportunity to examine whether another vape shop is appropriate in a particular location, particularly close to schools or in town centres where there may already be several similar outlets.
The conversation around vape shops, and the attractive nature of nicotine proudcts has been in the spotlight recently, with the UK making it illegal to sell nicotine pouches to under-eighteens from yesterday (29 October).
The ban also covers online retailers, and adults cannot buy the products for children.
Cllr Clear stressed that legitimate businesses should not be unfairly targeted.
“There are responsible specialist retailers who check identification, comply with the law, pay their taxes and sell regulated products to adults. We need to distinguish those businesses from illegal or unlicensed sellers.
“There must be a clear legal definition of what constitutes a vape shop so that businesses cannot simply avoid planning controls by describing themselves as convenience stores or phone shops while primarily selling vaping products.”
The Independent Ireland Councillor concluded by saying that Revenue and the HSE must also be properly resourced to enforce existing rules.
“If Government is serious about tackling this issue, it needs to deal with both sides of it — where these shops are allowed to open and what products are actually being sold.
“The solution is relatively straightforward: create a specific planning class for vape shops, require planning permission for new premises and properly enforce the laws against illegal products.
“That would give local communities a real say instead of another Government statement that may ultimately change very little," he said.
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