Bid to stop head shops opening near schools fails

CORK county councillors were yesterday told they have no powers to prevent head shops setting up next to schools as the planning system was not geared “to deal with moral issues.”

Councillors had been hoping they could insert a variation into the County Development Plan to prohibit head shops from trading within one mile of schools.

A formal motion to change planning guidelines was made by Councillor Noel McCarthy (Labour) at a meeting in County Hall.

Mr McCarthy said he was conscious the Minister for Justice Dermot Ahern was trying to ban a number of so-called legal highs.

However, he said head shops would simply replace them with other products.

“The damage created by head shops to our communities will only increase,” he warned.

Cllr Paul Desmond (Lab) said the issue of head shops was of huge concern to parents all over the country.

“These substances are extremely dangerous and people have suffered and died from them in this country,” she said.

Ger O’Mahony, the council’s head of forward planning and strategic development, presented councilors with a report on the issue. He stated: “The planning system of itself is considered neither adequate nor in fact intended to deal with moral issues.

“The issue of head shops requires a national, coherent and uniform response that will have a sound legislative foundation.”

In response, Ms Desmond said councilors should call on the Minister for the Environment John Gormley to change the planning laws to give councilors such powers, similar to a 2005 Act which states that off-licences moving into former shops were not exempt from the planning process.

Cllr Ronan Sheehan (Lab) said public representatives had an obligation to protect children. “That’s a moral issue….for the right reason,” he said.

Cllr Sandra McLellan (SF) said head shops “should be banned – full stop. They are not properly regulated. They pose a danger to health and to society.”

Cllr John Gilroy (Lab), who works in the mental health sector, said he witnessed the effects of legal highs. “The health implications are more common than people think,” he said.

Cllr Kevin Murphy (FG) said head shops should be banned because they were breaching health and safety regulations.

“Maybe they should license these premises and make the licenses so expensive they wouldn’t be long closing. This could be done by ministerial order,” Mr Murphy said.

Cllr Alan Coleman (FF) suggested the council write to the Minister for the Environment urging him to change legislation to make head shops subject to planning legislation in the same fashion as off-licences.

However, it was decided that the council will send letters to various ministers calling for a total ban on all head shops.

Mr Gilroy said the council had a byelaw against drinking in public areas and wanted officials to examine banning possession of legal highs in public areas as well.

The mayor of County Cork, Cllr Derry Canty said the council simply didn’t have the personnel available to enforce such a byelaw.