A DUBLIN street trader has lost her High Court application to restrain Dublin City Council from preventing traders using petrol generators to light up their Christmas displays.
Mr Justice Michael Peart refused the order to trader Sarah Grace after hearing a fire officer's concerns about the generators. The judge said the generators were capable of causing death and petrol was an unstable and highly inflammable substance.
Dublin City fire officer Ann Fegan told the judge there were concerns about the petrol/diesel generators used by stallholders in Henry Street. The judge said it was unfortunate the matter came before the court so soon before Christmas and he hoped some "sensible arrangement" might be put in place for the future.
An electric power supply might be a possible and sensible future alternative, he suggested.
In her action, Ms Grace, Bovale Park, Artane, Dublin, said up to 20 traders were affected by the council's ban on the use of petrol or diesel generators.
She said the traders felt they had been badly treated by the council and they needed the generators to display products including fairy lights and fibre optic products.
The court heard Ms Grace has been a casual trader in Henry Street since 1980 and members of her family had been trading there since 1930.Caroline Kelly, for Ms Grace, asked if the petrol generators posed a "death trap", why had the council not categorised them as dangerous for the past two years. Steps could have been taken to ensure they were not used, she said.
Opposing the injunction,Damian Keaney, for the council, said it was clear the council could set certain specific conditions when granting trading licences and it was entitled to consider any risk to the public.