687. Deputy Barry Heneghan asked the Minister for Housing, Local Government and Heritage the policy framework governing the granting, revocation and review of outdoor seating or street furniture licences by local authorities, including those relating to licensed premises; whether his Department has issued any guidance to local authorities in this regard; and whether he has received any representations concerning the revocation of such a licence for a premises in Dublin 2 (details supplied); and if he will make a statement on the matter. [34309/26]

The licensing of street furniture and other appliances on public roads and footpaths is governed by section 254 of the Planning and Development Act 2000, as amended (the Act), and associated Regulations. Under Article 201(b) of the Planning and Development Regulations 2001, as amended, this includes the provision of tables and chairs outside a hotel, restaurant, public house, or other establishment where food is sold for consumption on the premises.

Under section 254(4) of the Act, an application for such a licence shall be made to the relevant planning authority, or the Board on appeal, who, in determining an application or appeal, are required to have regard to -

- the proper planning and sustainable development of the area,

- any relevant provisions of the development plan or local area plan,

- the number and location of existing appliances, apparatuses and structures on the public road or footpath, and

- the convenience and safety of road users including pedestrians.

Circular Letter PL 06/2021 requested that planning authorities give consideration at a local level to the principles of Universal Design when assessing a section 254 licence application to ensure that the wider area is accessible, useable and convenient to all those who wish to use or pass through it, while also ensuring that any alternative street layout arrangements proposed in order to facilitate further outdoor dining, such as the relocation of designated accessible parking bays on temporarily pedestrianised streets, are appropriate and fit for purpose.

In addition, my Department’s Circular Letter RW 07/2020 & NRPPS 01/2020, issued in collaboration with the Department of Transport, provided updated advice in the form of the Design Manual for Urban Roads and Streets (DMURS) - Interim Advice Note – Covid-19 Pandemic Response. By putting the needs of pedestrians at the forefront of street design, DMURS is intended to meet the needs of the most vulnerable of users, such as children, older people and those who have a visual or mobility-related disability.

Furthermore, the DMURS requests that designers ensure that measures align with the principles of Universal Design and that local authorities consider broader Government policies on accessibility for people with disabilities and encourages local authorities to engage with local stakeholders and communities to monitor and adapt schemes to address any issues that may arise.

The Interim Advice Note can be downloaded from www.dmurs.ie/supplementary-material.

Implementation of the licensing of street furniture at a local level is a matter primarily for individual local authorities, in this case Dublin City Council.   A licence may be granted by the planning authority for such period and upon such conditions as may be specified, including conditions in relation to location, space taken up by appliances, noise impacts, operating hours, the need to protect protected structures etc. Within the statutory framework, licensing is a matter for each individual local authority and I, as Minister, have no role in the matter.