John McGuinness (Carlow-Kilkenny, Fianna Fail)
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Question 198: To ask the Tánaiste and Minister for Enterprise, Trade and Employment if guidelines or regulations have been issued by her Department relating to the control of unattended petrol dispensing outlets; the authority or agency responsible for such regulations; if such sites are inspected or approved by the agency or a local authority; and if she will make a statement on the matter. [33556/09]

Dara Calleary (Mayo, Fianna Fail)
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No guidelines have been issued by my Department relating to the control of unattended petrol dispensing outlets nor does my Department issue guidelines on such matters.

There are Regulations in existence which relate to petrol stations. These are the Dangerous Substances (Retail and Private Petroleum Stores) Regulations 1979, S.I. 311/1979. Under these regulations, the dispensing of petrol must be constantly supervised and controlled by an authorized person, located at the petrol station.

The only situation where petrol could be dispensed in the absence of such an authorized person is under the conditions attached to the licence granted to the operator of a petrol station. In practice, the general responsibility for the licensing of petrol stations, including the conditions attaching to licences, rests with the Local Authorities.

Health and Safety Authority inspectors have power to inspect petrol stations under the Dangerous Substances Acts as do authorised servants and officers of local authorities. The Health and Safety Authority includes a small number of petrol stations in its inspection programme each year. However, it primarily carries out those inspections in the context of its workplace health and safety remit under the Health, Safety and Welfare at Work Act 2005 — its remit and powers under the 2005 Act are considerably wider than those under the Dangerous Substances Acts. Essentially, the Authority addresses the inspection of (manned) petrol stations in the same way that it addresses any other workplace, largely from a risk assessment and safety management perspective with a focus primarily on employees.

I understand that, in recent times, the issue of unmanned petrol stations and the conditions that might be expected to apply to their operation has been considered by officers from a number of fire authorities, the Health and Safety Authority and the National Directorate for Fire and Emergency Management which operates under the aegis of the Department of the Environment, Heritage and Local Government.

Persons interested in establishing an unattended, petrol-dispensing outlet, should apply for a licence to the relevant local (fire) authority responsible for the place in which it is to be situated.