asked the Minister for Industry, Commerce and Tourism the action being taken to ensure the closure of the "dutch auctions" operating at addresses in Mary Street and Henry Street, Dublin, or alternatively to ensure their compliance with the law and if he will make a comprehensive statement on the matter.
Written Answers. - Dublin “Dutch Auctions”.
374.
I assume that the Deputy is concerned with the possibility that certain traders operating in the Mary Street and Henry Street area of Dublin are, as may have been, contravening the Occasional Trading Act, 1979.
The selling technique referred to as a "dutch auction" can be regarded as subject to the provisions of the Occasional Trading Act, 1979 if, but only if, the selling is taking place at a premises or place, of which the seller has been in occupation for a continuous period of less than three months. It should be remembered that the purpose of that Act was to control the selling of goods from short term locations and not to regulate any particular methods of sale.
I have had inspections made of a number of premises in the areas mentioned. Further enquiries are necessary in order to establish definitely the position vis-à-vis the Occasional Trading Act of the activities concerned.
In the event of it being established that there has been trading in contravention of the Occasional Trading Act, there is no power to require the close-down of a business. However, a person engaging in unauthorised occasional trading is liable, on conviction on indictment, to very substantial penalties which are set out in section 9 (1) of the Act.