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Retailers plead for stronger protection in law

Research has highlighted shortcomings retailers see in the justice system in preventing and tackling crime against them, which they say has escalated to alarming levels.

Released on 23 October, the research is part of the ‘Stop Crime Against Retailers’ campaign spearheaded by ShelfLife magazine in partnership with the Convenience Stores and Newsagents Association.

It included a survey of 117 smaller retailers across the country, all of which are experiencing some form of criminal activity.

The majority (89%) report that these crimes have become more dangerous in the past year. Robbery with violence was cited by 30% of respondents, while over half (56.4%) have experienced disruption by groups or gangs.

Shoplifting continues to be the most common form of crime, experienced by 95.7% of those surveyed.

While it has long been a feature of retail, the research shows that its frequency has dramatically increased to become a daily occurrence for many.

The yearly stock value lost per individual store averages at several thousand euro, with some retailers reporting annual losses as high as €30,000 per store.

Employee theft has also become a growing problem, cited by 60% of respondents.

Retailers feel powerless to confront criminals head-on for fear of litigation, the research reveals.

As one respondent put it: “The balance of the law in relation to shoplifting and right of admission lies with the perpetrators, not the victims.”

Juvenile offender increase

Exacerbating the problem is the increasing proportion of perpetrators under the age of 16. Respondents to the survey believe these young people are taking advantage of the fact that there will be little or no repercussions if they’re caught.

While retailers generally talk about having a good relationship with the gardaí, 67% of those surveyed expressed dissatisfaction with garda response times, with 89% reporting a lack of visible garda presence in their area.

Even when the gardaí are involved and make arrests, the consensus is that perpetrators don’t feel any real consequences as the experience of survey participants is that convictions only happen after numerous offences – and even then, the sentences are suspended or short.

 “A small minority in society is causing the issue. It stems from the lack of gardaí on the streets. You can’t beat a visible, uniformed presence; it is definitely a deterrent,” said a convenience store owner in south Co Dublin, who was recently hit over the head by a 14-year-old.

“In addition to upping garda numbers, the laws need to be changed, which might mean a change in the Constitution of Ireland, but so be it if that’s the case.

“The judiciary also needs to be improved in terms of implementation of the law by judges,” the retailer stated.

Risk of being sued

One off-licence owner in west Dublin is experiencing incidences of violence on a weekly basis.

“We have been robbed by people using a machete. As a licensed premises, we must behave by law in certain manner, for example when refusing someone when you believe they’re underage and can’t prove it. Over the years, staff have been threatened to be shot, killed or have their vehicles vandalised if they refuse someone,” he said.

“The effect on staff is the thing that upsets us the most. The level of abuse they take is unacceptable. They always step back and get out of the way. The risk of being sued is too high otherwise. Our policy is to record everything and let the offenders go, unless it’s a major incident when we’ll call the gardaí.

“Years ago, the gardaí would be there in ten minutes if we made an emergency call; now you could be on hold for five minutes if you call 999.

“It is a tiny minority within our community causing trouble. A small percentage of the repeat offenders have ended up in court, but generally get a suspended sentence. There’s no accountability, there’s always an excuse. The justice system doesn’t make them accountable.”

In the midlands, a forecourt retailer has been dealing with an increasing level of intimidation and threats by groups of youths. “It’s the same groups all the time. We’ve had meetings with the gardaí about it, but their hands are tied as a lot of the offenders are under 16. I believe parents should be held accountable and penalised directly in some way for every child under 16 who commits a crime,” he said.

“There must be a series of theft offences against anyone over that age before they will be convicted. We have seen convictions of eight to ten months, but then the offenders are back out again and doing the same thing.”