Casual Trading Act , 1980

1 Definitions.

1.—In this Act—

“authorised officer” means a person appointed under section 11 of this Act to be an authorised officer;

“casual trading area” means land standing designated under section 7 of this Act as an area where casual trading may be carried on;

“casual trading licence” means a licence granted under section 4 of this Act;

“casual trading permit” means a permit granted under section 5 of this Act;

“local authority” means the council of a county, the corporation of a county or other borough or the council of an urban district;

“market right” means a right conferred by franchise or statute to hold a fair or market, that is to say, a concourse of buyers and sellers to dispose of commodities;

“the Minister” means the Minister for Industry, Commerce and Tourism;

“selling” includes agreeing or offering to sell or inviting an offer to buy.

2 Casual trading.

2.—(1) Subject to subsection (2) of this section, “casual trading” means selling goods by retail at a place (including a public road) to which the public have access as of right or at any other place that is a casual trading area.

(2) Casual trading does not include—

(a) selling by auction (other than by Dutch auction) by the holder of a licence or permit for the time being in force under the Auctioneers and House Agents Acts, 1947 to 1973,

(b) selling of agricultural or horticultural produce (including livestock) by the producer thereof or his servants or agents acting as such,

(c) selling to a person at, or at a place adjacent to, the place where he resides or carries on business,

(d) selling of sweets, chocolate, confectionery, cooked foods (other than those cooked at the place of sale), fruit or non-alcoholic beverages or favours from a tray, basket, barrow, trolley or other similar device at an event to which the public are admitted, whether subject to or free of charge, or on the day on which, and at or in the immediate vicinity of the place at which, there takes place, such an event,

(e) selling of ice-cream (with or without wafers, biscuits or cornets), newspapers, periodicals, magazines or other printed matter or pious or religious objects,

(f) selling of fish by the person by whom, or a member of the crew of the boat from which, they were caught,

(g) selling in respect of which it is shown by the seller—

(i) that any profits therefrom are for use for charitable purposes or for other purposes from which no private profit is derived, and

(ii) that no remuneration, emolument, gain or profit will accrue to the seller or his servants or agents therefrom,

(h) selling at a market or fair held in pursuance of a market right.

(3) The Minister may, by regulations, amend subsection (2) of this section and that subsection shall have effect in accordance with any such regulations.

3 Restriction on casual trading.

3.—(1) A person shall not engage in casual trading in a casual trading area unless he is, or is the servant or agent acting as such of, a person who holds a casual trading licence and a casual trading permit that are for the time being in force and the casual trading is in accordance with the licence and the permit.

(2) A person shall not engage in casual trading in an area other than a casual trading area unless he is, or is the servant or agent acting as such of, a person who holds a casual trading licence and the casual trading is in accordance with the licence.

(3) (a) Where there is a casual trading area in the functional area of a local authority, a person shall not engage in casual trading—

(i) in that functional area other than in that casual trading area, or

(ii) in the functional area of another local authority other than at a place that is more than five miles from the nearest point of that casual trading area or is in a casual trading area in the functional area of that other authority.

(b) Paragraph (a) of this subsection does not apply to an area that is included in the functional area of two or more local authorities unless there is at least one casual trading area in the functional area of each of those authorities designated by each of those authorities.

(4) A person who contravenes this section shall be guilty of an offence.

(5) (a) In a prosecution for an offence under subsection (1) of this section, it shall be presumed until the contrary is shown that, at the time of the casual trading to which the offence relates, the defendant, or any person of whom he was at that time acting as a servant or agent in relation to such trading, was not the holder of a casual trading licence for the time being in force or of a casual trading permit for the time being in force.

(b) In a prosecution for an offence under subsection (2) of this section, it shall be presumed until the contrary is shown that, at the time of the casual trading to which the offence relates, the defendant, or any person of whom he was at that time acting as servant or agent in relation to such trading, was not the holder of a casual trading licence for the time being in force.

4 Casual trading licences.

4.—(1) Subject to the subsequent provisions of this section the Minister shall, on the application in writing of a person therefor and on payment of a fee of £100, grant to the person a licence (referred to in this Act as “a casual trading licence”), in such form and specifying such matters as the Minister may determine, authorising the person to engage in casual trading.

(2) An application for a casual trading licence shall be made to the Minister not less than 30 days before the first day on which it is intended to engage in casual trading.

(3) (a) A casual trading licence may contain such conditions (if any) as the Minister determines and specifies in the licence.

(b) A person who holds a casual trading licence shall comply with the conditions of the licence.

(c) A person who contravenes paragraph (b) of this subsection shall be guilty of an offence.

(4) The Minister may revoke a casual trading licence if he is satisfied that a condition of the licence is being or has been contravened or if the person to whom it was granted is convicted of an offence in relation to the importation, possession or sale of goods committed while he was the holder of a casual trading licence or an offence under section 3 of this Act.

(5) The Minister may refuse to grant a casual trading licence to a person who has been convicted of an offence in relation to the importation, possession or sale of goods committed while he was the holder of a casual trading licence or an offence under this Act.

(6) The Minister shall not grant a casual trading licence to a person who was convicted of two or more offences (each offence being either an offence in relation to the importation, possession or sale of goods committed while the person was the holder of a casual trading licence or an offence under this Act) if the latest conviction occurred less than five years before the first day on which the person proposes to engage in the casual trading to which the application for the licence relates and, two, at least, of the convictions occurred after the expiration of the last period (if any) of disqualification by virtue of this subsection for being granted a casual trading licence.

(7) A casual trading licence, if not previously revoked, shall continue in force for a period of twelve months and shall then expire.

(8) Where a casual trading licence is for the purpose only of selling—

(a) fish, horticultural or agricultural produce (other than meat), or

(b) articles made by the person who holds the licence or his spouse or children,

the amount of the fee payable under subsection (1) of this section on the application for the licence shall be £5.

(9) A person who applies to the Minister for a casual trading licence shall furnish to the Minister such information as the Minister may request for the purposes of the exercise of his powers and functions under this section and, if the person fails to comply with this subsection, the Minister may refuse to grant him the licence.

(10) The Minister may by regulations, vary, either generally or in relation to a specified class or specified classes of applicants for casual trading licences, the amounts of the fees specified in subsection (1) and (8) of this section and those subsections shall have effect in accordance with any such regulations.

(11) Fees paid to the Minister under this section shall be disposed of in accordance with the directions of the Minister for Finance.

(12) The Public Offices Fees Act, 1879 shall not apply in respect of any fees charged or levied under this section or section 5 of this Act.

5 Casual trading permits.

5.—(1) (a) Where there is a casual trading area in the functional area of a local authority, then, subject to the subsequent provisions of this section, a local authority shall, on the application in writing therefor of a person who is the holder of a casual trading licence for the time being in force and on payment of a fee of £20, grant to the person a permit (referred to in this Act as “a casual trading permit”), in such form and specifying such matters as the local authority may determine, authorising the person to engage in casual trading at one place only in one specified casual trading area in the functional area of the authority on specified days.

(b) A local authority may grant more than one casual trading permit to a person in respect of casual trading in different casual trading areas or at different specified places in a casual trading area.

(2) An application for a casual trading permit shall be made to the local authority concerned not less than 30 days before the first day on which it is intended to engage in the casual trading to which the application relates.

(3) (a) A casual trading permit shall contain such conditions (if any) as the local authority concerned determines and specifies in the permit.

(b) A person who holds a casual trading permit shall comply with the conditions of the permit.

(c) A person who contravenes paragraph (b) of this subsection shall be guilty of an offence.

(4) A local authority may refuse to grant a casual trading permit to a person who has been convicted of an offence under section 3 of this Act.

(5) A local authority may revoke a casual trading permit if it is satisfied that a condition of the permit has been or is being contravened or if the person to whom it was granted is convicted of an offence under section 3 of this Act.

(6) A casual trading permit, if not previously revoked, shall continue in force for a period of twelve months and shall then expire.

(7) A person who applies to a local authority for the grant of a casual trading permit shall furnish to the authority such information as the authority may request for the purpose of the exercise of its powers and functions under this section and, if the person fails to comply with this subsection, the authority may refuse to grant the permit to him.

(8) The Minister may by regulations, vary, either generally or in relation to a specified class or specified classes of applicants for casual trading permits, the amounts of any fees specified in subsection (1) of this section or varied under this subsection and the said subsection (1) shall have effect in accordance with any such regulations.

6 Display of casual trading permits and casual trading licences.

6.—(1) A person engaging in casual trading in a casual trading area shall display the casual trading permit relating to the trading in such a position at the place where he is carrying on the trading as to be clearly visible and easily legible to members of the public at the place.

(2) A person engaging in casual trading other than in a casual trading area shall display the casual trading licence relating to the trading or a copy thereof in such a position at the place where he is carrying on the trading as to be clearly visible and easily legible to members of the public at the place.

(3) A person who contravenes this section shall be guilty of an offence.

7 Designation of casual trading areas.

7.—(1) (a) A local authority may designate—

(i) any land (including a public road) in its functional area to which the public have access as of right or any land occupied by and in the functional area of the authority, or

(ii) with the consent of another local authority, any land (including a public road) in the functional area of that other authority or any land occupied by and in the functional area of that other authority,

as a place where casual trading may be carried on (in this Act referred to as “a casual trading area”) and may revoke a designation under this subsection.

(b) A designation of land as a casual trading area by a local authority shall not relate to land included in a casual trading area of another local authority.

(2) When deciding whether to designate any land as a casual trading area or to revoke a designation made under this section, a local authority shall have regard to the proper planning and development of its functional area (including the preservation and improvement of the amenities thereof), the development plan for its functional area and any special amenity order (within the meaning in each case of the Local Government (Planning and Development) Acts, 1963 and 1976) relating to its functional area, the traffic likely to be generated by the casual trading in the casual trading area and to all other matters that it considers relevant to its decision.

(3) The Local Government (Planning and Development) Act, 1963, is hereby amended by the insertion in section 4(1) after subparagraph (h) of the following subparagraph:—

“(hh) development consisting of the use of land for the purposes of a casual trading area (within the meaning of the Casual Trading Act, 1980);”.

(4) The designating of land as a casual trading area shall be a reserved function within the meaning of the Cork City Management Acts, 1929 to 1971, the Local Government (Dublin) Acts, 1930 to 1971, the Limerick City Management Acts, 1934 to 1971, the Waterford City Management Acts, 1939 to 1971, and the County Management Acts, 1940 to 1972.

(5) Whenever a local authority proposes to designate land as a casual trading area or to revoke such a designation, the local authority shall so inform the Minister for the Environment and publish notice of the proposal in at least two newspapers circulating in the area to which the proposal relates.

(6) (a) Any person may, within a period of 21 days beginning on the date of compliance by the local authority with subsection (5) of this section, appeal to the Circuit Court against the proposal and that Court may, on the hearing of the appeal, prohibit the proposal or authorise it subject to such conditions (if any) as it may deem appropriate and specify.

(b) Notice of an appeal under this subsection shall be given to the local authority concerned and an officer of the local authority shall be entitled to appear and be heard on the hearing of the appeal.

(c) No appeal shall lie from a decision of the Circuit Court on an appeal under this subsection.

(7) A local authority shall not proceed with a proposal to designate land as a casual trading area or to revoke such a designation before the expiry of 30 days from the date of compliance by the local authority concerned with subsection (5) of this section in relation to the proposal and, if an appeal is brought against the proposal, before the final determination of the appeal.

(8) A local authority may make bye-laws in relation to the control, regulation, supervision and administration of casual trading in casual trading areas in its functional area, including bye-laws specifying the maximum area that may be occupied in a casual trading area by a person engaged in casual trading.

8 Acquisition of market rights by local authority.

8.—(1) A local authority may acquire any market right in respect of a market or fair in its functional area by agreement or compulsorily.

(2) Section 10 of the Local Government (No. 2) Act, 1960, and Part V of and the Third and Fourth Schedules to the Housing Act, 1966, shall apply in relation to a market right in respect of markets or fairs as they apply in relation to land—

(a) with the substitution of references to such market right for references to land,

(b) with the deletion of—

(i) “and of the map referred to therein” in section 78 (1) of the said Housing Act, 1966,

(ii) “and shall have attached thereto a map of the land to which it applies” in section 82 (1) of the said Housing Act, 1966,

(iii) “by reference to a map” in paragraph 3 of the said Third Schedule, and

(iv) “and of the map referred to therein” in paragraph 4 (a) of the said Third Schedule, and

(c) with any other necessary modifications.

(3) References in the said Local Government (No. 2) Act, 1960 (other than section 2), to the appropriate Minister shall, in relation to acquisition under this section or borrowing for the purposes of such acquisition, be construed as references to the Minister for the Environment.

9 Powers of local authorities in relation to market rights owned by them.

9.—(1) A local authority may carry on, manage and regulate a market or fair to which a market right owned by it relates as if it were a market established by it under the Public Health (Ireland) Act, 1878, and shall have all such powers as may be necessary for those purposes.

(2) A local authority may, with the approval of the Minister for the Environment, by order extinguish a market right owned by it.

(3) (a) A local authority shall not extinguish a market right under this section unless it provides alternative facilities in the same vicinity as the market or fair to which the right relates and comprising or including facilities reasonably corresponding in all respects, having regard to all the circumstances, to the market or fair.

(b) Where a local authority acquires a market right compulsorily under this Act, it shall not discontinue the holding of the market or fair to which it relates unless it provides alternative facilities in the same vicinity as the market or fair to which the right relates and reasonably corresponding in all respects, having regard to all the circumstances, to the market or fair.

(4) (a) Whenever a local authority proposes to extinguish a market right under this section the local authority shall—

(i) so inform the Minister for the Environment and give notice in writing of the proposal to the owner of the right and to any other person appearing to the authority to have an interest in the right, and

(ii) publish notice of the proposal in at least two newspapers circulating in the area in which the market or fair to which the right relates is held.