Owners of Tramore Garage Forecourt Shop fined for Price Display offences
On 18 May 2007, at Waterford District Court, Thomas Farrell and Sons (Garages) Limited was fined a total of €8,250 for failure to display prices. A number of grocery items at the Company's stores at Tramore and Pickardstown Service Stations were found not to be priced. The offences occurred on 20 July, 25 August and 27 September 2006. The Store-owners were convicted on all 39 counts. The judge imposed a fine of €250 in respect of each of nine counts and €200 in respect of each of the remaining 30 counts. Costs of €300 plus €50 expenses were also awarded.
Welcoming the Court's decision, the acting Chief Executive of the National Consumer Agency, Ms. Ann Fitzgerald said the decision by Waterford District Court to impose in excess of €8,000 in financial penalties should send a message to retailers that they must comply with the requirement to indicate the prices of all products on sale to consumers. "The current price display legislation is in place since 2002 and numerous retail outlets have been prosecuted for failing to display their prices over the past few years by the Director of Consumer Affairs. In tandem with prosecuting retailers for breaches of the regulations, strenuous efforts have been made to assist and encourage traders to meet their legal obligations. Despite ongoing monitoring and several prosecutions, some retailers continue to exploit consumers by failing to properly display their prices, this is totally unacceptable."
Ms. Fitzgerald explained that the enactment of the new Consumer Protection Act on 1st May, has given new wide-ranging powers to the NCA to protect the interests of consumers. The Agency, which has taken over the functions of the Director of Consumer Affairs, has been given a wide remit to develop stronger consumer ethos through advocacy, education, research and communication. In addition, the NCA has been given stronger and wider ranging powers to ensure that traders act responsibly towards their customers.
Ms. Fitzgerald said, "It will no longer be acceptable for traders to adopt a haphazard approach towards price display. Consumers have a right to this information and the new enforcement powers available to the NCA will help to ensure better compliance in the retail sector". She also advised that the new measures include the power to issue fixed payment notices (on the spot fines) in respect of breaches of price display legislation. The Act also provides for the establishment of a new Consumer Protection List and enables the Agency to "name and shame" traders who breach consumer laws. She added "as acting CEO of the NCA I will maximise the usage of these various enforcement tools over the coming months to deliver better protection to consumers".