Baker may face huge legal bill over challenge to €100 fine

Frenchman labelled trading licence ‘evil’

AN artisan baker has run up a potentially massive legal bill, after challenging a fine of just €100 for selling his wares with no licence.

Olivier Alary’s case went from the district court to the Court of Appeal, and he even tried to take his grievance over the fine to the High Court.

As part of his unsuccessful legal challenge, the Frenchman invoked the Irish version of the Magna Carta, which dates back to 1216.

He was relying on trading rights in the 805-year-old charter, as well a 17th-century permit granted by King Charles II, permitting fairs in Bantry, Co. Cork, on Wednesdays and Saturdays, to argue his case. He also cited a patent granted by King William III for the right to hold one market or fair annually.

Court of Appeal judge Donald Binchy said Alary had described himself as an occasional artisan baker. The French national, who lives in Edinburgh, sells his bread from time to time in Bantry.

Alary was convicted at Bantry District Court in April 2017 for engaging in casual trading without holding a casual trading licence on September 30, 2016 – a Friday.

The District Court imposed a fine of €100. Alary appealed his conviction to the Circuit Court, which heard and dismissed the appeal in July 2017.

Alary, who did not have a barrister and represented himself, tried to appeal that decision to the High Court. When he became aware that was not the correct procedure, he instead sought leave to bring a challenge against Cork County Council by way of a judicial review.

He wanted to have his conviction quashed, and to challenge the casual trading bye-laws in Bantry town under which the casual trading licences were required.

Judge Binchy said Alary had argued that bye-laws were contrary to traditional market rights subsisting under common law, permitting members of the public to engage in market trading at Wolfe Tone Square, Bantry on Friday of each week.

The Court of Appeal dismissed his case, ruling that while patents did exist for Wednesdays and Saturdays, this did not apply to Friday trade.

And it said the council could lawfully prevent a person from trading without a licence.

In his appeal, Alary sought to rely on the Magna Carta Hiberniae of 1216, which he said entitled him to trade without a licence, a fee he described as ‘an evil extortion’.

However, Judge Binchy said whatever status the Magna Carta Hiberniae had held, it could be modified or restricted by laws made by the Oireachtas.

He said: ‘The appellant is, in effect, arguing that he is exempt from the laws of the State.’

The judge said his view was that the council was entitled to have its legal costs paid by Alary, who has up to 14 days to apply for a hearing on costs if he wants to oppose this.

Magna Carta Hiberniae cited