Limerick businessman warned he faces fine of up to €12.6m over sandwich board

A LIMERICK businessman has been warned he faces a fine of up to €12.6m, after placing a sandwich board outside his restaurant without permission.

Adam Ivan-Clancy, general manager and part-owner of Doh Pizza at O’Connell Street in the city centre said he felt “taken aback” at a warning letter he received from Limerick City and County Council.

In the letter, seen by Limerick Live, the local authority stated that it considers the sandwich board to be “an unauthorised” structure.

The communication warns Doh Pizza that it has four weeks from the date of the letter, which was March 19 last, to respond.

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“You are advised that if the said planning authority considers that an unauthorised development is being carried out, an enforcement notice under the provisions of section 154 of the Planning and Development Act 2000 as amended may be issued,” the letter states.

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An enforcement notice is a legal document used in planning enforcement to address breaches of planning regulations.

If the matter goes to the court and leads to a conviction on indictment, the letter from the council warns that a fine “not exceeding” €12.6m could be imposed, or imprisonment for up to two years - or both.

Alternatively, if there is a summary conviction, council has warned the businessman faces a fine of up to €5,000, jail for a term up to six months - or both.

In a separate letter, the local authority has provided him with direction on how to apply for a licence for the advertising board, which if successful, would cost him €630 per year.

Mr Ivan-Clancy, who employs up to 20 people at his two pizza restaurants - one in the city centre, one in Castletroy - wrote on social media that the council is “wasting tax payers’ money trying to enforce this utter nonsense”.

He said he is confused at why the council has written to him, pointing out that since Doh opened in 2021, they have had a sandwich board erected outside the shop.

He said four or five business owners have contacted him since he posted a message on social media to confirm they had received similar letters from council.

It’s understood the licensing regime is in place for a number of reasons including to mitigate against some members of the public who might make claims over trips and falls.

During the Covid-19 era, Government ordered the waiving of licence fees in a bid to boost economic recovery after restrictions were lifted.

A council spokesperson said regulations are in place “to ensure that the use of public spaces by businesses enhances the streetscape without compromising the safety and accessibility of the area”.

“This system is designed to prevent unnecessary restrictions on footpaths and roads, maintaining a balance between business interests and public safety,” they added.

Mr Ivan-Clancy feels there are better ways he can spend the licensing fee.

“We’d much rather be able to pay our staff more,” he said. “I’d have thought something like this would be included in the [commercial] rates we pay.”

The business owner said both his restaurants have been broken into four times in the last year.

It’s cost several thousand euros in total to reset locks, repair broken windows, and carry out other measures to get the premises back up and running.

That doesn’t include money and items stolen, he said.

“Everyone involved in this business is from Limerick. We want to see Limerick thriving. But at times like this, it can feel really difficult. I’ve been in the hospitality industry for 16 years. I’ve seen a lot over my time. But this is something I was very surprised about,” he added.

As for what he will do next, he says he is not sure.

Mr Ivan-Clancy was hoping the council would be in contact following his social media post to offer some resolution.

“This isn’t just for us. It’s for other businesses who have received letters like this,” he concluded.