Athy business owner wishes to retain outdoor seating
Emily Square Photo: Aisling Hyland
AN ATHY business owner has said he is working with the council to resolve issues over holes that were drilled to provide outdoor seating in Emily Square.
Dan Curtis, a local entrepreneur, drilled 10-millimetre holes into the ground at Emily Square without the approval of the local authority in order to prevent partition screens for the seating outside his premises from being blown down in windy conditions.
The works were carried out around a year ago, according to Mr Curtis.
Under planning law, businesses must obtain a Section 254 licence to place any structures on public space, and works that alter the surface typically require explicit permission. Installations for purposes such as outdoor dining must meet conditions around safety, pedestrian access and proper planning.
Along with his wife Edwina Curtis, Mr Curtis runs the Market House bar (better known as Andersons), Town Café and the recently opened No.1 Bakery on Emily Square. They also operate the Auld Shebeen gastro-pub on Upper William Street.
Mr Curtis made a social media post last Monday, 15 June, stating that after meeting with TD for Kildare South Mark Wall the previous Friday, he “met with Athy town council this morning and they were very positive about the outside seating areas and will be speaking to Kildare County Council on our behalf”.
He added that there are “a few minor issues we have to carry out but nothing that can't be done” and expressed his optimism that the outdoor seating will remain in place.
Speaking to the Kildare Nationalist on Friday, Mr Curtis expressed his optimism that seating will remain outside his premises on the square after recent engagement with local representatives and Athy Municipal District.
Mr Curtis further explained that the issue arose recently when he went to renew the permit for his businesses on the square, at which point the council raised the issue of the drilled holes. He was asked to come up with an “alternative arrangement”.
He will need to repair the holes and find an alternative method of keeping the partition screens in place, after which the local authority will review the situation.
Mr Curtis said that Kildare County Council wanted him to remove the whole outdoor seating apparatus, but that his interactions with “Athy Town Council” were more positive and in his view, constructive, in terms of allowing the seating to remain.
Mr Curtis said that the required works should take around an hour.
He said that the drilling has not caused any damage to the surface, and that in his view it was an appropriate measure in the interest of safety. He suggested that going forward, sandbags may be needed to secure the screens, although he would not consider this an ideal solution.
He added that TD for Kildare South Mark Wall and his Labour Party colleague cllr Mark Leigh, are working to secure a satisfactory resolution.
Also speaking to the , Deputy Wall described the situation: “There was an issue regarding the erection of standings and, I suppose, the way to put it is, the adherence of that particular publican in this case to that letter (sent by the council about the holes)."
Deputy Wall said the matter was being resolved thanks to the work of several public representatives.
Deputy Wall wished for people to come to the square and enjoy their time there. He said he hoped the outdoor seating would remain and expressed his belief that the local authority also wanted this outcome, but there are “rules and engagements” governing such seating.
Further describing the discussions involving himself, Mr Curtis and other public representatives, Deputy Wall said: “This was about benefiting Athy and ensuring that we can continue to enjoy the square and that the business can continue to operate in the best possible way within the guidelines that Kildare County Council have and I think that's where we are. We have a solution to this now."
