Labour publishes draft Bill on head shops.

Under the terms of their draft Planning and Development (Amendment) Bill 2010, planning permission would be required for a change of use of a premises to open a head shop. A similar Bill was previously published by the party in relation to change of use of premises to open sex shops. Now both have been incorporated into the new draft Bill.

Jan O’Sullivan, the party’s health spokeswoman, said the Bill, which will have to be introduced in the Dáil during private member’s time, would not fully ease current concerns over head shops but was “an element of the solution”.

“Our Bill offers an interim solution that would, if enacted, at a very minimum restrict the further spread of these outlets,” she said.

Part of the problem at present was they could open anywhere. “The proprietor of a grocery store, takeaway or internet cafe must apply and obtain planning permission to open for business.

“However, that same owner or a new owner can then decide to convert the premises into a head shop or a sex shop overnight without even having to apply to the local authority for planning permission for change of use.

“Because no specific planning permission is required for change of use from one existing retail function to another, members of local communities have no opportunity whatsoever to express any concerns they might have,” she added.

“Particular concern has been expressed about the opening of both head shops and sex shops in locations that are particularly inappropriate.

“For instance, local residents in Castlebar have been protesting this week about the opening of two head shops on an approach road to two local schools,” she said.

Last week Fine Gael called for an amendment to the Finance Bill to require head shops to have an operating licence.

Minister of State with responsibility for drugs John Curran has confirmed regulations to deal with head shops and the so-called legal highs they sell will be drafted within a month.

He said the Misuse of Drugs Act “is the primary legislation through which these substances can be regulated” but other issues such as public liability insurance, product liability insurance, and planning are also under consideration for the regulation of these shops.

Source: Eithne Donnellan, The Irish Times, 22/02/2010