Local authorities ‘powerless’ to regulate number of vape shops in town centres

Local authorities are ultimately powerless when it comes to regulating the number of vape shops that are opening in towns across Ireland, a meeting of Ballina Municipal District has heard.

Action at Government level is needed to change planning legislation if the rapid rise in vape shops in Ballina town centre is to be addressed, councillors were told at the September meeting of the municipal district.

Raising the issue, Cllr Marie-Thérèse Duffy said people approach her daily asking what can be done about the number of vape shops and the loss of commercial diversity in the town centre.

“There's growing concern locally about the rapid increase in certain retail premises in recent months,” she said. ​“I am pro-business, and no one wants to see vacant units, we want to make sure retail units are in use. People have said to me that something needs to be done to address the loss of commercial diversity in our town, and in so many Irish towns."

The Fine Gael councillor noted that people can purchase vapes and cigarettes from many other retail premises, and questioned whether there is a need for several shops selling similar products in the heart of the “historic town centre”.

Under current planning guidelines, vape shops are classified as general retail use, meaning a former shop unit can become a vape shop without a change-of-use planning application.

Cllr Duffy said there are currently no planning limitations relating to the overconcentration of vape shops. She also called for measures to be introduced to safeguard public health, including controls similar to those for tobacco products, like restrictions on advertising in shop windows.

“People will still enjoy them, but they could be sold similar to cigarettes, and we can restore balance in our town centre. In Australia there are no vape shops, you can buy therapeutic vape over the counter from pharmacies,” she added.

She called for action at both local and national level, asking that Mayo County Council examine whether by-laws could be introduced to limit the number of vape shops. She also called for a change-of-use planning requirement for vape shops and a variation to be added to the County Development Plan to help ensure greater commercial diversity in town centres.

At national level, she called for advertising for these products to be “neutral and discreet” and asked the council to write to the Department of Housing and the Planning Regulator, as well as Minister for Housing James Browne, calling for joint action to recategorise vape shops as a distinct planning class, similar to betting shops and off-licences.

Her fellow councillors supported the motion, noting they had also received a number of representations from constituents concerned about the growing number of outlets.

Cathaoirleach Cllr Annie May Reape raised concerns about the late opening hours of some vape shops and the number of young people using them.

“My big gripe is they are open very late. I passed one the other weekend and all you could see was youngsters, and that was after 10pm,” she said.

“We can’t do anything until the Government legislates,” she said. “The Taoiseach is very anti, it is the Taoiseach who bought in the smoking ban. I would urge him to ban these as well. We need the rates, but not at any cost.” 

Director of Services Catherine McConnell said councillors had “hit the nail on the head”, but stressed that local authorities have “very little control” over the types of businesses that occupy units.

“It is really important that all local authorities bring this to national government, because it needs a change in planning legislation. There’s no point in us changing by-laws or policy in the County Development Plan because legislation trumps that every time,” she said.

“The issue remains that vapes are for sale in every supermarket, at every corner shop. There are two issues - there is the impact on the environment and the issue of the sale of the product itself.” ​ 

She said local authorities across the country would welcome stronger powers to address the issue.

“I think every local authority would be delighted to see some guidance or changes at a national level that would allow us to tackle this. It is something that every high street in the country is experiencing."

However, Ms McConnell pointed out that any legislative changes would not affect shops that are already established and operating.

• Published as part of the Local Democracy Reporting Scheme.