Dáil Éireann debate -
Thursday, 20 May 1999

Vol. 505 No. 2

Adjournment Debate. - Petrol Retail Outlets.

Ms M. McGennis

I was contacted in January this year by constituents regarding a planning application from a garage for an extension and other matters. The planning authority refused permission not on the basis of the matter I wish to raise but because the area was residential while the application was for retail use and therefore not in keeping with the draft development plan. However, it became clear that this garage had been operating for a long time before 1996, when it applied for a licence to store petroleum and was refused. It was obvious that it had been operating a petrol station with large storage areas from that time without a licence. Further representations to the local authority received the response that it was not a matter for that body but was rather an issue for the Health and Safety Authority.

When I wrote to that organisation part of the reply I received read:

In relation to the Esso petrol station located on Sarsfield Road, the fire prevention authorities of Dublin Corporation, the licensing authority for petrol stations under the Dangerous Substances Act, have written to the Health and Safety Authority concerning this station. We are currently awaiting the implementation of the new legislation referred to above before taking action in such situations, at which stage a systematic evaluation of the licensing situation throughout the country will be undertaken by the Health and Safety Authority in co-operation with the fire authorities.

That does not address the specific representation I made. I call the Minister of State's attention to the fact that it seems absolutely ludicrous that a local authority, which has responsibility for granting planning permission and, according to this reply, also has responsibility for issuing licences, feels these functions have nothing to do with each other and has taken no action in an extremely dangerous situation. This matter only emerged after the garage owners submitted a planning application for more commercial development at a time when the business was operating without a licence to store petroleum. It is very difficult to explain this to constituents and it is not sustainable that residents were told by the local authority that it could do nothing about this. The quotation I have read seems to reinforce the view that the local authority is not addressing what it can do under current legislation but is simply saying it will bring forward new proposals.

That is not satisfactory and my constituents cannot wait for those changes. Even without those changes it should be possible for the Health and Safety Authority to close down petrol stations in residential areas if they are operating without licences. This station has been operating without a licence since 1996 but the Health and Safety Authority has taken no action to stop it trading while the local authority seems to feel it has no function in the matter. If the Minister's response is merely to promise to introduce a code of conduct and to change regulations, I will not be satisfied. A planning authority should not allow construction to commence until the relevant approval is given by the Health and Safety Authority. Most commercial developments require a fire safety certificate before building can commence.

I hope the Minister will be able to tell me that action will be taken to close this retail outlet down and if not, that the owners will be informed of what needs to be done to bring the premises up to the required standard.

Minister of State at the Department of Enterprise, Trade and Employment (Mr. T. Kitt)

I thank Deputy McGennis for bringing this matter to the attention of the House. I appreciate the effort she has made in doing so. I will deal with the general issue and then with the specific point the Deputy has made regarding the Esso petrol station in Sarsfield Road.

The operation of all petrol retail outlets is covered by the Dangerous Substances (Retail and Private Petroleum Stores) Regulations, 1979 (S.I. 311 of 1979) as amended by the Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations, 1988 (S.I. No. 303 of 1988). These regulations outline the licensing arrangements for petroleum stations as required under the Dangerous Substances Act, 1972.

The enforcement of these regulations is the responsibility of the Health and Safety Authority which is the statutory body responsible for the promotion of occupational safety and health and for the day-to-day administration and enforcement of relevant statutory provisions in this area.

Under this legislation there is a legal requirement on the operator of a petrol station to make application to the relevant local authority for a licence in the first instance. The Health and Safety Authority is responsible for making adequate arrangements for the enforcement of such licensing and this is conducted by way of routine visits, reaction to complaints, service of enforcement notices and prosecution as appropriate.

Where licences are refused by a local authority because of non-compliance with the technical standards laid down in the regulations, the operator of a petrol station may appeal to the Health and Safety Authority for a review of the situation. The authority may confirm and enforce the refusal or require the issue of a licence following remedial work or otherwise.

On foot of notification from licensing authorities that petrol stations are operating without a licence or that a licence has been refused, and where there does not appear to be any imminent risk of serious injury as a result of the activities carried out at the petrol station, the following action may be taken.

First, the petrol station operators may be visited by an inspector of the Health and Safety Authority. In the case of a station that has not hitherto applied for a licence to store petrol, the operator is advised to apply to the relevant licensing authority without delay. Second, the petrol stations are revisited after a short period to ensure that applications have been submitted for a licence. In some cases, in consultation with the licensing authorities, the local fire officer is requested to visit the premises. The Health and Safety Authority takes no further action while a licensing authority considers an application for a licence.

The authority has recently undertaken a review of the eligibility requirements under the current licensing system. As a result of this review, I now propose to repeal the existing regulations and replace them with a new set of regulations. These will be based on risk assessment and will impose general duties on all petrol station operators to store and dispense petrol in a safe manner. The new regulations will be supported by codes of practice currently being developed by the Health and Safety Authority in conjunction with the petroleum industry.

Some of the main provisions of the proposed new regulations are as follows: the information required to be submitted in respect of an application for a first licence and for a renewal will be specified; additional powers will be transferred to the licensing authorities; time scales for the issuing of licences will be specified; the supply and unloading of petrol at an unlicensed petrol station will be prohibited; kerbside petrol stations may be licensed on the basis of a risk assessment approach; the regulations will address the keeping, although not for sale, of small quantities of petrol without licence, for use by persons in engines owned by themselves.

It is proposed to give enhanced enforcement powers to licensing authorities to deal directly with non-compliance. These powers will, apart from prosecution through the courts, include the power to force immediate closure where there is imminent risk of serious injury as a result of the manner in which activities are carried on at a petrol station. The proposed new regulations will also include a prohibition on persons under the age of 16 dispensing or buying petrol.

The drafting of the new regulations and the codes of practice to support them are well advanced. However, further examination and consultation has still to be carried out. It is my intention to have the regulations finalised well before the end of this year.

Another primary piece of related health and safety legislation is the Safety, Health and Welfare at Work Act, 1989. This Act deals with workplace health and safety and clearly sets out the responsibilities which both employers and employees have in providing and maintaining a safe working environment. The Act applies to all places of work – including, therefore, petrol stations – and covers all employers, employees and the self-employed.

With regard to the refusal of a licence to the Esso petrol station at Sarsfield Road Dublin, a Health and Safety Authority inspector has visited the station on a number of occasions and I have been informed that these visits have resulted in agreement on a programme of work to be implemented with a view to ensuring that all the requirements for the issue of a licence may be met. The authority will continue to monitor the situation and is satisfied that progress is being made and that, with the completion of the work, the station will be in a position to show that it does not present a danger to public safety.

The question of kerbside petrol stations is one with which I am concerned. It has been raised by a number of Deputies. I thank Deputy McGennis for bringing it to the attention of the House and I hope I can pursue some of the points she has raised.