Seán Ó Fearghaíl (Kildare South, Fianna Fail)
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Question 391: To ask the Minister for the Environment, Heritage and Local Government if the problem of head shops may be addressed, at least in part, through the planning system; if he will bring forward regulations or legislation to allow these shops to be prohibited; and if he will make a statement on the matter. [41433/09]

John Gormley (Dublin South East, Green Party)
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The planning code does not differentiate between 'head shops' and any other kind of shop. The definition of "shop" in planning legislation refers to a structure for the retail sale of goods, but the nature of those goods is not defined. It is not a function of the planning system to decide or define the operation of a commercial enterprise and consequently to prohibit certain types of retail outlets.