Icecream seller to challenge council’s beach trading policy in High Court

An icecream seller has told a High Court judge that Waterford County Council cancelled his beach trading licence in order to placate a local seaside shopkeeper whose custom had been hit.

Robert Gal, of Kilgabriel, Clashmore, Co Waterford, said that after being moved from a high-footfall area to a spot beside the site of an old toilet, his daily takings dropped from hundreds of euro to between €12 and €24 a day.

Barrister Michael P McGrath told the court that Mr Gal planned to sue the local authority for damages for loss of business and wanted leave to bring a legal challenge to quash a number of the council’s decisions.

Mr McGrath said Mr Gal started a business last year selling icecream, candyfloss, teas, coffees, and snacks, but had been refused a licence to trade on the beach because his application had been too late.

He had been granted an unconditional licence in May permitting him to operate his mobile shop van near Ardmore Beach. He started trading on Jun 3 and took in €476 in his first day. On Jun 4 and Jun 5, he turned over €200 a day.

Mr McGrath said Mr Gal’s point of sale was near Sharon Veale’s Beachcombers Shop, Ardmore, and on Jun 3, a man whom Mr Gal believed to be Ms Veale’s husband told him if he did not have a licence he would call the gardaí. He had gone off when shown a licence.

Other incidents involved the parking of a van to block Mr Gal’s trailer and the recording of the noise of his generator. On Jun 4, a council worker told him his generator was too noisy and he had to fix it. He was told to move to the old toilet site at Whiting Bay.

Mr Gal bought a quieter generator and, on legal advice, moved back to his original spot. Despite a meeting with council officials in Dungarvan, he was told he had to move again.

On Jul 6, he spoke on Ms Veale’s mobile phone to Garda Whelan from Dungarvan, who told him he would have to move to Whiting Bay or Ballyquin where there was no shop.

“The garda said my licence was cancelled and if I did not move he would seize my van. I was afraid of the garda so I moved to Whiting Bay that day,” Mr Gal told the court.

He was granted leave to seek to quash the council’s decision to revoke his licence and challenge its beach trading policy. He is also seeking damages for loss of earnings and joined Ms Veale as a notice party to the proceedings.