Councillors to review Limerick by-laws as coffee van row continues

COUNCILLORS are set to review the casual trading by-laws after operators of mobile coffee vans were allegedly threatened with sanction.

As revealed by the Limerick Leader, local authority planning inspectors informed three separate traders that they are not entitled to operate without permission.

Now, at this month’s metropolitan meeting, a discussion was had on this – and it was agreed that all members be given a copy of the trading by-laws with a view to acting in the future.

Independent councillor Elisa O’Donovan had submitted a notice of motion seeking the extension of event casual trading licences during the Covid-19 lockdown “to facilitate rate paying businesses to operate outdoor trade in specified areas.”

She said: “We are all aware there are people who have been casually trading. There has been a number in City West, and I believe in City North too, where people have set up coffee vans to facilitate outdoor trading in this time. I've received contact from people operating these vans. They've been saying there's a need and a demand for them. People are out and about, enjoying getting a coffee while they're out walking.”

“We have to allow a certain bit of flexibility. We can't return to business as normal. We are going to have to be adaptable and change how we approach hospitality and retail in the city," she added.

However, in a written reply, metropolitan district manager Kieran Lehane confirmed it’s an offence to trade without a casual trading licence, and said her motion would be hard to deliver upon.

“The proposal to extend casual trading licences to rate paying businesses only is not provided for in the law, could be both illegal and discriminatory, and it would likely be subject to challenge under competition law. he current Covid advice recommends strongly against unnecessary gatherings, which this proposal could inadvertently facilitate,” he said.

On foot of this, Cllr O’Donovan suggested her motion be amended to changing the by-laws.

But Cllr Daniel Butler, Fine Gael, said this could take up to a year, while Mr Lehane added: “It was very upsetting to established businesses that were trying to trade out of premises. The casual trading laws intended to deal with this, so we don’t have unfair competition, where anybody can pull in and start trading.”

Labour councillor Elena Secas supported the proposal to amend the by-laws to extend the event casual trading licences during restrictions such as the current lockdown and to facilitate businesses trading in specified areas.

"I completely understand and appreciate amending the by-laws take a long time, but this will open the debate and will give an opportunity to all stakeholders to have an input," she said.

But her party colleague, Cllr Joe Leddin said: "We need to step back a bit here. We have robust casual trading legislation there. There are an awful lot of us out walking and a lot of outdoor activity going on. But we have to be mindful of the existing service providers who are ratepayers to the council trying to keep business going in a difficult climate, trying to keep staff on the books. No-one out walking the three bridges is a million miles away from a coffee shop.”

“We can’t have a pop-up unit arriving in an area, 50 yards away from an existing service provider, effectively displacing them. That is not acceptable. We have to be mindful of those legitimate ratepayers,” he aded.

Metropolitan district leader Cllr Sarah Kiely concurred, saying: “I don't think we have far to walk to support local businesses, who employ locally, who are ratepayers, and are very worried about these pop-ups.”

Cllr O’Donovan agreed to withdraw her first motion, and her subsequent request to change the by-laws.

Instead, she asked if a copy of the existing by-laws be circulated to all councillors, alongside information on special event trading licences.

From there, council members could decide what to do, she said.

“We do a lot in terms of supporting business in the city. The council does bend over backwards to support ratepayers. There is healthy competition coming now. That's capitalism. It should be supported,” concluded the City West member.