German discount supermarket chain, Lidl, is facing a battle to sell alcohol from its new store on Moore Street, Dublin, after traditional stallholders claimed it will exacerbate an already serious problem of street drinking by homeless people.
District Court president Judge Peter Smithwick said he was "troubled" by the company's application for an off-licence in the new store after hearing from a trader about drunks verbally and physically abusing the fruit and vegetable stallholders, many of whom are elderly.
Mr Tom Cullen, who represents 75 stallholders and traders on the historic street, said it was a common occurrence at the start of the day to find people sleeping under the stalls or their excrement and urine left behind.
"The city council refused to come down and clean the excrement until I pleaded with them, with the result that they cleaned it with a power washer which also destroyed stock." Stallholders have had their fruit thrown at them by the drunks while others, including Mr Cullen, have been physically assaulted.
Most of the stallholders are women and find it very difficult to deal with the drunks who, even when they are moved on by gardaí, constantly return.
While the offenders currently get their drink from places like Dunnes Stores, there was no doubt that Lidl, with its cheaper products, will attract them even more, he said.
Mr Cullen rejected a proposal that opening the Lidl off-licence area at 10 a.m. rather than 9 a.m., would discourage the early-morning drunks.
Security measures, including doubling the number of security men, were unlikely to make much of a difference as frequently the drunks get so-called respectable people to buy the drink for them. "I have been asked to do it myself," Mr Cullen said.
Sgt Kevin O'Hagan said there was a serious problem on Moore Street where "large numbers of people addicted to drink" regularly congregate. Gardaí believe the community is already adequately served by off-licences.
Mr Kevin Proctor, Lidl property manager, said problems with people buying drink for others had been encountered and dealt with by security at some of its other stores.
Judge Smithwick said he was very impressed with Mr Cullen's evidence. Before making a decision, he wanted to hear more evidence from both sides and he adjourned the case for two weeks.