LOCAL traders are on the warpath at the prospect of having to take on the responsibility for the removal of snow and ice from pavements outside their premises, as revealed in the Tyrone Courier last week.
The Courier Exclusively reported that Dungannon Borough Council was placing the onus on traders and property owners for the removal of snow and ice from pavements during adverse Winter weather.
It follows much debate last Christmas when neither the Roads Service and local Council would act on clearing snow and ice from the town's footpaths during sub-zero temperatures and it was left for traders to show "true grit" in order make the paths presentable for shoppers.
Councillors at last week's meeting heard that the Acting Chief Executive, at a meeting of the Council's Strategic Service Delivery Committee, said there were concerns regarding Councils taking on the role of removing snow and ice from pavements during inclement weather, particularly regarding indemnity.
The Acting Chief Executive suggested that the Council write to the Roads Minister proposing that business and property owners take on liability for snow and ice removal and went on to suggest that legislation be introduced which would put the onus on traders and property owners to clean-up snow and ice outside their properties.
This was agreed by the Committee and ratified by the Council at its monthly meeting on Monday night of last week.
However, Dungannon traders are not warming to the proposal and when the Courier spoke to them followingthe Council meeting the majority gave the Council recommendation a frosty reception!
Declan McCrystal, Chairman of Dungannon Traders' Association described the move as "disappointing" and said he had given assurances there would not be a repeat performance of traders "clearing the way" this year.
Stated Mr McCrystal: "We feel the onus is on the Council or Roads Service to ensure that the footpaths are safely maintained during inclement weather. We certainly don't see it as the responsibility of the ratepayer - neither us as businesses or our customers."
Declan, of McCrystal Furnishings in Scotch Street, clearly recalls the difficulties that were encountered by traders last Christmas: "As traders we had to take on the task of clearing the footpaths ourselves and it involved some of us having to get up before 6am to deal with the clearance for the safety of our customers whom we all depend on."
Mr McCrystal thinks it's important that a determination is quickly reached on the matter: "We need a resolution and we need it sooner rather than later so we all know the position before we enter into the Winter months again," he said.
Meanwhile, Niall Maneely, Director of Maneely & Co Ltd Estate agents based at Church Street in Dungannon and Chairman of Dungannon Regeneration Partnership, described the proposal as "a shirking of responsibility by Government and the local Council" and something which he said was "totally unsatisfactory".
He stated: "Roads Service are denying liability for footpaths, but have responsibility for their upkeep while the Council clean the footpaths on a daily basis yet claim they are not responsible for the removal of snow and ice.
"It would appear that both local and central Government are trying to exonerate themselves - pushing responsibility and indeed liability onto traders and that is very worrying."
Mr Maneely went on to say that Government had failed to give a definitive reply on the issue of responsibility: "Last year the Minister said he was 99 per cent certain traders involved in snow and ice clean up tasks would not be claimed against," said Mr Maneely. "That in itself is not a guarantee."
Mr Maneely also related the matter to the issue of footpath accident payouts in Mid-Ulster - another story highlighted in the Tyrone Courier last week.
"How come the Department of Regional Development are paying out for footpath accidents?" he asked. "One would have to assume they are responsible for the upkeep and maintenance of these footpaths. So if a claim was made as a result of someone falling on the snow or ice, would the Department be considered responsible and have to pay out?"
Mr Maneely believes that the whole suggestion of putting the clean-up onus on traders is impractical: "What about shared properties for instance and what about residents whose property fronts on to the street - who exactly would be responsible?" he asked. "Such a proposal simply raises more questions than it answers," he added.
The suggestion by the Council that traders take responsibility for the removal of snow and ice outside their own premises has not exactly been music to the ears of Jimmy Stuart, of Gene Stuarts' music shop in Irish Street, Dungannon.
He stated: "I don't really see what the problem is with the Council - it's really only a short-term issue and I think we are paying enough in rates for these services to be provided."
For Brendan Begley of Begley's Gift Shop in Irish Street and Begley's Sports Shop in William Street, the big issue is liability: "I would certainly have no problem clearing away snow and ice from the front of my shops if the liability issue was sorted out. That would be my biggest fear and I certainly would not touch it if that situation remains as it is."
Sammy Trotter of S A Trotter Ltd the Hardware and Electrical shop in Scotch Street, is of the opinion that traders should take responsibility for clearing snow and ice from the paths outside their shops: "It's something I have been doing for the past 40 years and I certainly don't have an issue with it," said Sammy. "And by the way, if any other traders out there require the tools for the job, we have a shop full of them!"
Stephen Mohan of Cuba, in Scotch Street, who is Vice Chairman of Dungannon Traders' Association, said he didn't want to make the matter into a "them and us" situation: "It's a safety issue," said Stephen, "and as far as I am concerned it is about the need to work together for the benefit of the citizens of Dungannon and about making their shopping visits safe and pleasurable.
"I firmly believe that if there is a will to sort this matter out, then there is a way!"
The Courier asked the Department for Regional Development for a statement and in a written reply, the DRD said: "Roads Service has carried out discussions on this issue through the Northern Ireland Local Government Association (NILGA). Letters were also sent to all Councils during the severe weather of December 2010 to re-offer the proposed agreement and then again, following the Council Elections in May 2011.
"Divisional Roads Managers in each Division reissued a letter to Councils in their areas regarding partnering arrangements to encourage the remaining Councils to come on board to provide this service to their local ratepayers and to formally enter into the proposed agreement.
"Roads Service Officials met with NILGA last month to continue discussions on this matter. The Minister for the Department for Regional Development, Danny Kennedy, plans to meet with NILGA in the near future to discuss this issue."
Source: Tyrone Courier
Date: Wednesday 12th July 2011