Controls on vape shops?

New planning controls to address the proliferation of vape shops in towns and villages were urged by Cllr Paul Gibbons at the May meeting of Monaghan County Council.

The Sinn Fein rep moved a motion on his party’s behalf calling on Minister for Local Government James Browne and the Office of the Planning Regulator to amend planning legislation to address issues around the proliferation of shops selling nicotine products.

The motion sought a change of use condition that will make an existing retail outlet that becomes a vape shop subject to “material change” rules requiring full planning permission, as is the case with off-licences and betting shops. It also called for a legislative review aimed at controlling how such outlets present their shop fronts and prohibiting their location near schools or “areas of architectural significance”, as well as restricting the number of such shops that can operate in particular areas.

“Brightly-lit vape shops have become a major presence in our retail landscape,” stated Cllr Gibbons, referring to the “rapid and concerning rise” in vape and e-cigarette shops in urban and village locations. Acknowledging that such premises operate legally under current planning laws, he argued that regulation hasn’t kept pace with social and health realities surrounding vaping.

“This is not an argument against entrepreneurship,” the SF councillor added. “It is about responsible planning, public health and the preservation of our streetscapes.”

He said local authorities are currently powerless to prevent clustering of these outlets, which result in some retail locations being dominated by them, making once diverse trading areas monotonous and less appealing.

New planning restrictions will restore local control, he believes. If vape shops have to apply for change of use planning designation, local authorities can address issues like density, proximity to schools and heritage locations, and signage and shop frontage impacts.

“If we can limit fast food outlets in sensitive zones, it is entirely consistent to do the same with vape retailers who sell nicotine products often marketed through colourful, youth-targeted design,” Cllr Gibbons argued.

He said he wanted communities and local councils to decide what kind of retail landscape they wished to see and not leave this to market forces.

Seconding the motion, Cllr Seán Conlon (SF) recalled the ban on smoking in public places introduced 20 years ago and said a comparable response is needed to respond to challenges arising from forces intent on turning a euro by selling what were considered to be carcinogenic products.

“The UK has banned the sale of vapes entirely to under 18s and we need to take a similarly strong approach,” Cllr Conlon stated. There has been talk about such measures for a long time, he added, but now the Government needs to act.

Independent councillor Seamus Treanor asked if vape shops are benefiting from business grants operated through the local authority. He said people with long established businesses are being “wiped out” at the present time.

Responding, County Council Chief Executive Robert Burns said grants from the local authority are available for a wide range of things and these are subject to detailed assessment with applicants required to show their bona fides. Such measures as the Council’s Rates Waiver Scheme are scrutinised to a very great extent.

“We are very careful about the grants processes we operate,” Mr Burns emphasised. “We scrutinise deeply our business support grants and I am quite confident there is nothing untoward in relation to our grants processes or in relation to who is receiving the funding.”

The motion was adopted unanimously.