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Powers of authorised officers and Garda Síochána.
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10.—(1) A local authority may appoint officers of the local authority or other persons to be authorised officers for the purpose of this Act, and an authorised officer appointed under this subsection may exercise the powers conferred by this section on authorised officers only in the functional area of the authority by which he was appointed or in the functional area of another local authority with whom an agreement exists for the exercise or performance by officers of the first-mentioned authority in the functional area of that other authority of the powers and functions of an authorised officer.
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(2) (a) An authorised officer or a member of the Garda Síochána may—
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(i) enter, inspect and examine any place where he has reasonable cause to believe that casual trading is being engaged in,
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(ii) require any person whom he has reasonable cause to believe to be engaging in casual trading—
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(I) to produce, if it is not being displayed, a casual trading licence authorising such trading and to permit the officer or member to examine the licence, and
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(II) if he fails, neglects or refuses to produce such a licence or, in a case in which it is not being displayed, to furnish to the officer his name and address and, if he is the servant or agent of another person, the name and address of the other person,
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(iii) make such examination and inquiry as may be necessary to ascertain whether the provisions of this Act or of bye-laws made thereunder are being complied with,
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(iv) require any person whom he has reasonable cause to believe to be engaging in casual trading in contravention of this Act to give such information as is in his power to give as to the ownership of any goods being sold in the course of such trading,
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(v) require any person whom he has reasonable cause to believe to be engaging in casual trading in contravention of this Act to produce to him any documents, books or records relating to such trading in his power, possession or control and give to him such information as he may request in relation to entries in those documents, books or records and examine, copy or take extracts from any such document, book or record.
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(b) An authorised officer who proposes to perform a power or function conferred on him by paragraph (a) (i) may request a member of the Garda Síochána to accompany him if he has reasonable cause to apprehend any obstruction in the execution of his duty.
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(3) A person shall not obstruct or interfere with, or give false information to, an authorised officer or a member of the Garda Síochána in the performance of his functions under this Act.
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(4) (a) A person shall not fail, refuse or neglect to comply with a requirement of an authorised officer or a member of the Garda Síochána under this section.
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(b) A person shall be deemed not to have failed or refused to comply with a requirement of an authorised officer or a member of the Garda Síochána under this section to produce a casual trading licence if he gives to the officer or member his name and address and, if he is the servant or agent of another person, the name and address of that other person.
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(5) If a person fails, refuses or neglects to comply with a requirement of a member of the Garda Síochána under this section, the person may be arrested and any goods which he is selling or has in his possession for sale at the place where the member believed him to be engaging in casual trading and the receptacle, vehicle or stand on or in which the goods are and all utensils, boxes and other articles (including money) thereon and any draught animal attached thereto may be seized, detained and removed by the said or any other member of the Garda Síochána without a warrant.
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(6) A person who contravenes subsection (3) or (4) (a) shall be guilty of an offence.
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