Auctioneer convicted over sign at crossroads

An auctioneering firm has been found guilty of an offence under the Litter Pollution Act for having a poster at a crossroads.

DNG Michael Galvin auctioneers of Bandon, Co Cork, came to the attention of a local authority environment officer over the poster advertising the firm and its services, last October.

In the case, heard at a sitting of Bandon District Court, the company DNG Michael Galvin claimed the notice of a fine, and later a court summons, was unfair as other posters had been and are clearly on display in the same manner.

Francis O’Dwyer, an environmental officer for Cork County Council, said he spotted the poster at Ballykealey on the N71 main West Cork road on August 21 last.

He said the signage displayed at the roadside was unauthorised and against the Litter Pollution Act.

A fine was issued to the auctioneers’ firm but was not paid. A reminder letter was sent and advice to pay the fine or face court proceedings with the possibility of a fine of up to €3,000 plus costs. The council did not receive any correspondence and no appeal was received.

Solicitor for the auctioneer, Mary O’Leary said there were a lot of signs on the N71 for which litter fines were not issued, but Mr O’Dwyer said posters in “double figures” were found not to be in compliance with the litter pollution act that day.

Ms O’Leary claimed the law was “not enforced generally” and pictures taken on two days this week at the same spot on the N71 showed lots of posters on display.

“This is a common practice,” she said.

Her client, Michael Galvin gave evidence he had been working as an auctioneer for 34 years and had never received a summons regarding a sign.

The accused said he understood, when the law was introduced in 1997, the local authority came to an arrangement with auctioneers regarding the display of small signs. He also said another auctioneer told him he had a sign displayed in the same location on the same day but had not received a summons. Solicitor for Cork County Council Patricia Murphy, however, said a fine had been paid in relation to that matter.

Mr Galvin said the sign measured 14 by 18 inches.

Ms Murphy said there was never an agreement between the local authority and auctioneers regarding the display of signs. The court heard, in addition to the €150 unpaid fine, the council accrued costs of €123.

Judge John King said: “It’s not for me to say how the county council should enforce the legislation. My role and purpose is to decide whether someone is guilty of an offence.”

He said this had be proven and he had no alternative but to convict, to which Mr Galvin said: “I feel anything I pay will be unfair. Drive to West Cork any day of the week and they are at every crossroads.”

The judge said it might be a matter for the representative body for auctioneers and said if the initial fine and the €123 was paid on or before July 15, he would strike out the matter. “You can send it to charity if it is a matter of principle,” he said.