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Dublin’s new casual trading rules blasted for ‘stigmatising’ language on counterfeit goods

By Liam Coates, Irish Independent

New casual trading rules proposed by Dublin City Council (DCC) that create new restrictions around counterfeit goods have been labelled “stigmatising” by elected representatives.

DCC is currently updating its casual trading by-laws, the first time they’ve been changed since 2013, with initial proposals brought before elected members earlier this week.

Among the changes proposed for on-street traders are that licences must be renewed annually, banners affixed to stalls must be pre-approved by the council, and licences can now be revoked if traders engage in aggressive behaviour.

The sale of counterfeit goods is banned, but this was also the case under the old by-laws.

However, under the new regime, traders can now have their licences refused if the applicant has been convicted of selling counterfeit goods in the last three years, and they must sign a statement confirming that they have not done so.

Speaking in the council chamber, independent councillor Mannix Flynn said he was “very disappointed” with the language in the new by-laws.

“I come from a family of street traders, generations of them, who sell on the street in hail, rain and snow, and served the people of Dublin when it was really, really necessary,” he said.

“The idea that simply casual traders would automatically engage in counterfeit goods is not good enough at all. If you were to sell or ask someone to take a licence of a premises, you’d never have such language in it.”

Mr Flynn said he felt the document “stigmatises and labels the likes of my family” and “gives rise to the fact that maybe somebody could accuse a casual trader of selling counterfeit goods”.

“I think it really is a bad document, and I think you need to withdraw it. Because if it comes into the public domain and I get my hands on it, I’m telling you I’ll rain down hell on you,” he said.

“It’s an absolute insult to generations of people who traded on those particulars. You would not treat another business like this. It’s outrageous.”

Independent councillors Christy Burke and Malachy Steenson agreed with Mr Flynn’s concerns, but other members were more positive about the updates.

Sinn Féin councillor Janice Boylan said some of the changes, including adjustments to make it easier for stall holders to pass their business onto their children, were “very, very welcome.”

Anthony Flynn, DCC deputy chief executive, said all comments would be “noted”, but asked councillors to allow the new rules go out to public consultation.

Other changes in the updated by-laws are that stall-holders must now exclusively sell goods with a C.E. mark, indicating their compliance with European safety rules, and adjustments to where casual trading can take place.

Store Street Plaza, Middle Abbey Street and Heuston Station are among the 11 areas that have been de-designated for casual trading. While four new areas have been designated, including Portobello Harbour and the Docklands.

Despite their concerns, councillors rubber-stamped a public consultation on the new by-laws.