A DUBLIN street trader is to apply to the High Court next week for an injunction restraining the city council from preventing traders using petrol generators to light up their Christmas stock. The case is regarded as a test action.
Mr Justice Bryan McMahon yesterday gave Sarah Grace, Bovale Park, Artane, permission to serve abridged notice on the council of her application for an order overturning the council's prohibition on the use of petrol or diesel generators to provide power for stalls on Henry Street, Dublin.
Caroline Kelly, for Ms Grace, who sells fairy lights and fibre optic products, had earlier sought an interim injunction to allow the traders use the generators.
The judge said he would not grant such an order on an ex-parte basis (only one side represented) allowing for the use of generators which were "under question" by a fire officer. He said he would allow the papers be served on the council at short notice and returned the matter to early next week.
Earlier, Ms Kelly said this was a test action as up to 20 traders were affected by the council's decision. Ms Kelly said the traders believe they have been badly treated by the council whose decision had effectively "left them in the dark".
In an affidavit, Ms Grace said she needs a means of lighting and a power source to promote the goods she has for sale and to show they are working. For the last 10 years, she and 20 other traders had used petrol or diesel generators. She said she has been a casual trader at pitch 23 on Henry Street since 1980, and only trades under a licence granted by the council from December 1st to 24th. Members of her family had been trading at Henry Street since 1930, she said.
Ms Kelly said the council's fire safety officer had in 2006 told them some of these generators were unsafe and they were going to be prohibited. The fire officer recommended they use a certain type of generator, manufactured by Honda, subject to certain conditions, she said.
Those conditions include that the generators should not be refuelled on the street and rather be filled with petrol before the stall is set up. An appropriate fire extinguisher and fire blanket must also be kept by the trader at all times.
Ms Grace said she and the other traders invested in these generators at a cost of €750. However, in the run-up to Christmas, the traders were informed the fire officer believed the Honda generators were not suitable for use in Henry Street.
The use of alternative generators was proposed by the council but they were found to be expensive and unsuitable, she said. Last month, the council told the traders that, as part of the conditions of their trading licences, petrol or diesel generators were prohibited.
Ms Grace said she was extremely shocked at the ban at that late hour.
Due to the serious consequences of the ban for street traders, such a change should be subject to an amendment of the casual trading bylaws, she added.