Wexford councillors hit back at Taoiseach over call to restrict vape shops — ‘We don’t have the authority’
Wexford PeopleWexford councillors have reacted angrily to the Taoiseach’s suggestion that the council should restrict the number of vape shops in the county. Arguing that they don’t have the powers to prevent retailers from opening vape shops, the councillors called on Micheál Martin TD to retract comments made at the Fianna Fáil ‘think-in’ in Tullamore last week.
Interviewed at the event, the Taoiseach said: “The local authorities should look at, from a planning perspective, the impact of vape shops on a given street, this was done before in relation to other shops, it can be challenging, but it needs to be looked at.”
However, at the September meeting of the New Ross Municipal District (NRMD) Councillor MIchael Sheehan noted that Wexford County Council (WCC) cannot restrict vape shops under current laws.
“The Taoiseach was on the national air waves saying it’s up to the councils to eradicate vape shops,” said Cllr Sheehan. “The last time I checked, the councils do not have the authority to prevent someone from opening a vape shop. We can’t ‘crack down’ on them if we don’t have any powers.
Taoiseach and Fianna Fail leader Micheal Martin speaking to the media during Fianna Fail’s annual think-in at Tullamore Court Hotel in Tullamore, Co Offaly. Picture date: Monday September 7, 2026. © PA Radar
“We would need updated regulations from the department to allow us to change the planning guidelines.”
Planning officer Abbey Nuzum explained that, under current laws, vape shops were essentially falling between the cracks, allowing retailers to open multiple stores in town centres.
“The retail planning guidelines are from 2012, under those tobacco items fall under convenience retail,” she said. “They’re permitted, in principle, in town centre areas zoned for retail.
“In terms of cracking down on them, that will require a variation of the retail guidelines. It’s up to the minister (Jennifer Murnane O’Connor) to direct on that.”
The discussion continued at the meeting of Wexford County Council (WCC) four days later where chief executive Eddie Taaffe said that, despite the Taoiseach’s instructions, the council could not intervene if someone wished to open a vape shop.
“Under the current planning regulations there is no differentiation in the types of retail; someone can open any type of shop where there was previous retail activity without requiring planning permission,” he said. “So, as the planning authority we have no control on what the retail category is.
“When you have no control over something you can’t determine the number and type of retail premises. There is a gap in our ability to look at what is happening with retail in our town centres. We can’t do anything until new legislation is put in place.”
Having previously been in contact with the HSE regarding this matter, Cllr Tom Forde said it had a responsibility to ensure products being sold in retailers were fit for public consumption.
“The HSE has stated that all retailers have to secure a licence to sell tobacco products from August 2, so it’s down to them to monitor that,” he said. “We should push the HSE to ensure shops are inspected.”
Cathaoirleach Lisa McDonald said it was important that WCC “pushed back” against any suggestion that it was allowing vape shops to be opened carte blanche and requested that a letter be sent to the Taoiseach clarifying the council’s role.
Meanwhile, Cllr Jim Codd relayed reports from parents in his area who had witnessed the impact of vaping on their children.
“Some vapes contain hallucinogenic drugs which have not yet been identified,” he said. “It’s the same situation as the head shops in the past, where you can legally sell this stuff because it hasn’t yet been identified as an illegal substance.
“Children are accessing this and it’s doing serious damage to them, a couple of drags and they’re not able to walk.”