Attorney General (Tansey) v Rochford

• Jurisdiction: Ireland
• Court: District Court (Ireland)
• Judgment Date: 01 January 1949

(Dist. Ct.),

Attorney-General (Tansey)

and

Rochford

Prohibited type of trading in certain street - Newspaper - Meaning of newspaper - Meaning of "outside of a shop" - Dublin Police Act, 1842 (5 6 Vict., c. 24), s. 17 (7) -Street Trading Act, 1926 (No. 15 of 1926), ss.3 (2), 4 (2) (b) - Street Trading (City of Dublin) Regulations, 1926 (S.R. O., No. 63 of 1926), Art. 3.

R. carried on a business of selling papers, magazines and periodicals in Lower O'Connell Street, Dublin, for many years. His business expanded and it became impossible for him to hold all his wares in his arms, so he utilised the steps and the premises of E., a firm of book-sellers and stationers, after business hours. The premises of E. were approached by a number of stone steps, the lowest of which was flush with the general building line in the street. When the premises were closed a folding shutter was drawn down on these steps leaving three steps between it and the footpath. The lowest step did not at all protrude out from the building on to the footpath. On these three exposed steps R. laid out his wares. He was prosecuted under s. 3 (2) of the Street Trading Act, 1926, for carrying on a class of street trading, namely the sale of books and magazines in a street in which such trading was prohibited. He was also prosecuted under s. 17 (7) of the Dublin Police Act, 1842, for exposing for sale on the outside of a shop certain articles contrary to the said section. By virtue of the provisions of the Street Trading (City of Dublin) Regulations, Art. 3, only newspapers may be...