Monopoly fears with surf schools

Surf schools in North Clare are “victims of their own success” with an anomaly in the licensing system leading to a monopoly, local representatives have claimed.
Clare county councillors this week asserted there is a monopoly and are calling for the reform of the surf school licensing system to eliminate this. Councillor Michael Hillery told a North Clare Area meeting on Monday that there is an inequitable situation in place and he had been approached in relation to it. 
“One operator in Spanish Point applied to operate in Lahinch but his application was refused. Then an operator in Lahinch was given a licence to operate in Spanish Point. If a person has a licence and operates in Lahinch and can come to Spanish Point, then it has to work the other way,” Councillor Hillery said.
Because there is a limited number of operating licences available in Lahinch, a surf school operating from a different beach cannot get a licence in Lahinch. An existing operator in Lahinch can, however, get a licence for other beaches.
According to Councillor Joe Arkins, one licence could mean a person could hire 12 instructors and have 80 people taking lessons from them on the beach at one time. Equally, a licencee could have 24 instructors teaching 160 people on the beach. “Is it a licence or a monopoly?” he asked, adding, “We have to look at the number of licences we are offering.”
Councillor Hillery also called for restrictions to be introduced. “There has to be some restrictions brought in. This cannot continue,” he claimed.
Councillor Bill Slattery said he had been approached by the proprietor of one surf school. John McCarthy of Lahinch Surf School, the Fine Gael councillor claimed, “said that he is being blamed for this monopoly”. He said Mr McCarthy had a long association with Spanish Point dating back to 2002 and felt he should be allowed to operate surf lessons there. However, Councillor Slattery added that he was not pushing one side over another, merely highlighting Mr McCarthy’s position, having been requested to do so.
Mr McCarthy has a total of 10 instructors, the meeting heard, eight in Lahinch and two in Spanish Point.
Mr McCarthy’s point, according to Councillor Slattery, is that he should not be limited to operating from just one beach. “It is like saying McDonald’s has to close in Ennis because there is another one in Cork,” Councillor Slattery explained.
Councillor Arkins said he felt that was a particularly apt description. “McDonald’s is known a franchise,” he noted.
Councillor Michael Hillery pointed out that he had no problem with John McCarthy operating in Spanish Point. “The problem is that when my friend Patrick Keane [who operates Whitewater Surf Company in Spanish Point] applied for a licence in Lahinch, he was refused. That is where the unfair situation comes in to it.”
According to Joe Arkins, Mr Keane could work in Lahinch without a licence but only if he did so as an instructor for a licensed operator.
“Patrick can work in Lahinch, so long as he works for one of the others. That is the nub of the issue and that is why we have to reassess the whole thing,” he said.
Councillors Nagle and Michael Kelly both said they wanted to avoid a monopoly situation, with Councillor Kelly summing up his feelings concisely. “We are looking for equality.”
Increasing numbers of surf schools led Councillor Nagle to deduce that such businesses must be “lucrative” but he claimed issues surrounding an alleged monopoly were only one problem in Lahinch. Because of the number of instructors and classes taking place on the beach, he claimed, surfers were impinging into the swimming area. Councillor Slattery said he had received complaints from people in relation to this.
“Surf schools are becoming a victim of their own success. The number of instructors is getting bigger, the beach can only hold a certain number of surfers in the water at any one time,” Councillor Nagle said.
“We definitely need the bylaws. We all support the surf schools, they are a very important part of the tourist product,” he commented, but added, “We cannot support a situation where one school can have eight, 16, 24 instructors year after year. It is becoming very difficult for people using Lahinch and other beaches to have the same access they had in previous years. We have to be fair to all users. They all have an equal right to use the magnificent facility that we are so lucky to have.”
Paul Moroney, senior engineer, environment section, Clare County Council, stated surf licences are part of the beach bylaws and most are up for renewal during June. He promised to look at the “very carefully” and take into account the councillor’s points.
Mr Moroney also stated that an Irish Water Safety Authority risk assessment will be undertaken at Lahinch to assess the safety implications of the activities there and that the inspection for this would be unannounced. Surf schools in Lahinch will now have to wait for the completion of this risk assessment before the council will decide on changes to the licensing system.
Councillor Arkins called on the council “not to take the easy route” in relation to the situation.  “We have to look at the volume of business and guarantee a fair crack of the whip for everyone.”
Carmel Greene, senior executive officer, said operators applying for licences, subject to applications being in order, be granted licences valid for one month rather than a longer term, to allow the issues raised to be dealt with.
Councillor Joe Arkins called on Mr Moroney to return to the local councillors after the risk assessment is completed, “so as not to have another debacle like the ladders in Kilkee”.