Casual Trading Act , 1995

1. Interpretation.

1.—(1)In this Act—

“the Act of 1980” means the Casual Trading Act, 1980;

“authorised officer” means a person appointed under section 10 to be an authorised officer;

“casual trading area” means land standing designated by bye-laws under section 6 as an area where casual trading may be carried on;

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

“Dutch auction” means a sale of goods by auction in which the price is reduced by the auctioneer until a purchaser is found;

F1[“local authority”means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);]

“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 Enterprise and Employment; “prescribed” means prescribed by regulations made by the Minister;

“selling” includes agreeing or offering to sell, or displaying for sale, or inviting an offer to buy;

F1["reserved function", in relation to a local authority, shall be construed in accordance with section 131 (as amended by the Local Government Reform Act 2014) of the Local Government Act 2001;]

(2)In this Act—

(a)a reference to any enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment including this Act,

(b)a reference to a section is a reference to a section of this Act unless it is indicated that reference to some other enactment is intended,

(c)a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

2. Casual trading.

2.—(1)Subject to subsection (2), “casual trading” means selling goods 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—

F2[(a) selling by auction (other than by Dutch auction) by the holder of a licence within the meaning of section 2(1) of the Property Services (Regulation) Act 2011, or a relevant authorisation within the meaning of section 82 of that Act, in respect of a service which falls, or substantially falls, as the case requires, within paragraph (a) of the definition of "property service" in that first-mentioned section,]

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

(c)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 F3[therefrom,]

F4[(d) selling, during the period 1 May to 30 September in any year, by—

(i) the grower (within the meaning assigned to that expression by the Casual Trading Act 1995 (Section 2(3)) Regulations 2004),

or

(ii) subject to the condition specified in relation to this subparagraph by those Regulations being satisfied, a servant or agent of the grower, of one or more of the following fruits and vegetables, namely—

(I) strawberries, raspberries, blueberries, gooseberries, blackberries, loganberries, tayberries and currants,

and

(II) potatoes having loose skins and which have been harvested prior to maturity.]

(3)The Minister may, by regulations, amend (whether by the addition, deletion or alteration of classes) the classes of selling specified in subsection (2) and that subsection shall have effect in accordance with any such regulations.

(4)A local authority may, as respects its functional area, by bye-laws under section 6 add to the classes of selling specified in subsection (2) and that subsection shall, in relation to that functional area, be construed and have effect in accordance with any such bye-laws for the time being in force.

3. Restriction on casual trading.

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

(2)(a)Where there is a casual trading area in the functional area of a local authority, a person shall not engage in casual trading in that functional area other than in that casual trading area unless he is the holder of a casual trading licence granted under section 4 (1) (a) (iii) for the time being in force and the casual trading is in accordance with the licence.

(b)The restriction effected by paragraph (a) shall not, during the currency of a casual trading licence granted to a person in respect of the functional area of a local authority and in force immediately before the designation of a casual trading area (being the first such area so designated by that authority under this Act) in the functional area of that authority, have effect in relation to the person.

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

(4)In a prosecution for an offence under subsection (1), 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, if he was at that time acting as a servant or agent of another person in relation to such trading, that that other person was not the holder of a casual trading licence for the time being in force.

(5)In a prosecution for an offence under subsection (2) (a) where it is shown that a person was engaging in casual trading, it shall be presumed until the contrary is shown that, at the time of the casual trading to which the offence relates—

(a)there was a casual trading area in the functional area of the local authority concerned,

(b)the casual trading was carried on in an area that was not a casual trading area, and

(c)the defendant or, if he was at that time acting as a servant or agent of another person in relation to such trading, that that other person was not the holder of a casual trading licence granted under section 4 (1) (a) (iii) for the time being in force.

4. Casual trading licences.

4.—(1)(a)Subject to the subsequent provisions of this section, a local authority shall, on the application in writing of a person therefor and on payment to the local authority of the fee (if any) fixed by bye-laws under section 6, 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 local authority may determine, authorising the person to engage in casual trading on specified days—

(i)if no casual trading area stands designated in respect of the functional area of the authority under section 6, in that area, or

(ii)at one place only in one specified casual trading area in the functional area of the authority, or

(iii)at an event or events specified in the licence to which the public are admitted, whether subject to or free of charge, or at or in the immediate vicinity of the place where and on the day on which the event takes place.

(b)A local authority may grant more than one casual trading licence 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 licence 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 and shall be in such form as may be prescribed or in a form to the like effect.

F5[(2A)(a)For the purposes of the assessment, charge, collection and recovery of any tax or duty placed under the care and management of the Revenue Commissioners —

(i) a casual trading licence shall not be granted unless the application for a casual trading licence contains the applicant's tax reference number, and

(ii) the local authority concerned shall, upon the grant of a casual trading licence, or as soon as may be thereafter, notify the Revenue Commissioners in writing of the name, address and tax reference number of the person to whom the licence was granted and the conditions (if any) contained in the licence including the duration thereof.

(b)In this subsection, "tax reference number", in relation to an applicant for a casual trading licence, means—

(i) in the case of an applicant who is an individual, the identifying number, known as the Revenue and Social Insurance (RSI) Number, and

(ii) in the case of any other applicant, the identifying or reference number, stated on any correspondence, including a notice of determination of tax-free allowances, return of income or return of profits form or notice of assessment issued to the applicant by an inspector of taxes appointed underF6[section 852 of the Taxes Consolidation Act, 1997].]

(3)(a)A casual trading licence may contain such conditions (if any) as the local authority concerned 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) shall be guilty of an offence.

(4)A local authority may revoke a casual trading licence if it 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.

(5)A local authority may refuse to grant a casual trading licence to a person if—

(a)the person fails to furnish a completed application form for a casual trading licence,

(b)the person fails to pay the appropriate fee (if any) with the said application form, or

(c)a trading place for the purpose of casual trading is not available.

(6)A local authority 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 (other than an offence under section 5) during the period of 3 years before the date of application for the licence.

(7)A local authority 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 (other than an offence under section 5)) if two, at least, of the convictions occurred less than 3 years before the first day on which the person proposes to engage in casual trading to which the application for the licence relates.

F7[(8)Section 4A(4)(inserted by Regulation 4 of the European Union (Casual Trading Act 1995) Regulations 2018 (S.I. 308 of 2018)) shall apply for the purposes of the duration of a casual trading licence.]

(9)A person who applies to a local authority for a casual trading licence shall furnish to the local authority the information requested in the form prescribed together with such further information as the local authority may request for the purposes of the exercise of its powers and functions under this section and, if the person fails to comply with this subsection, the local authority may refuse to grant the person the licence.

(10)This section is without prejudice to the provisions of statutes or instruments made under statute or of any other laws governing the sale of goods by a person while the person is the holder of a casual trading licence.

(11)Upon the grant of a casual trading licence, or as soon as may be thereafter, the local authority concerned shall notify the Minister for Social Welfare in writing of the name and address of the person to whom the licence was granted and the conditions (if any) contained in the licence including the duration thereof.

4A. F8[Application of European Union (Provision of Services) Regulations 2010

4A.(1) Regulation 13 (other than paragraph (c)) of the Regulations of 2010 shall apply for the purposes of this Act subject to the modification that—

(a)“A local authority responsible for issuing a casual trading licence shall not make access to, or the performance of, the casual trading by a provider” shall be substituted for “A competent authority in the State responsible for administering an authorisation scheme relating to a service activity shall not make access to, or the performance of, the service activity by a provider”, and

(b) a reference to “licence” shall be construed as reference to “scheme”.

(2) Regulation 14(1) of the Regulations of 2010 shall apply for the purposes of this Act subject to the modification that “Every local authority responsible for issuing a casual trading licence shall ensure that the licensing procedures and formalities applicable to the casual trading licence” shall be substituted for “Every competent authority in the State responsible for administering an authorisation scheme shall ensure that the authorisation procedures and formalities applicable to the scheme”.

(3) Regulation 15 (other than paragraphs (3), (4), (5) and (6)) of the Regulations of 2010 shall apply for the purposes of this Act subject to the modifications—

(a) that the following paragraph shall be substituted for paragraph (1): “(1) A local authority responsible for issuing a casual trading licence shall exercise its power of assessment in relation to the operation of the licensing scheme on the basis of criteria that are not arbitrary.”,

(b) in paragraphs (1), (2), (7), (8), (9) and (10), that a reference to “a competent authority” shall be construed as a reference to “a local authority”, and

(c) in paragraphs (1), (2), (7), (8), (9) and (10), that a reference to “an authorisation” shall be construed as a reference to “a casual trading licence”.

(4) Regulation 16 of the Regulations of 2010 shall apply for the purposes of this Act subject to the following modifications—

(a) that a reference to “an authorisation” shall be construed as a reference to “a casual trading licence”,

(b) that a reference to “authorisations” shall be construed as a reference to “casual trading licences”,

(c) that a reference to “a competent authority” shall be construed as a reference to “a local authority”, and

(d) in paragraph (3), that “the local authority responsible for issuing a casual trading licence” shall be substituted for “the competent authority in the State responsible for administering the scheme to which the authorisation relates”.

(5) Regulation 17 of the Regulations of 2010 shall apply for the purposes of this Act subject to the following modifications-

(a) that a reference to “A competent authority in the State” shall be construed as a reference to “A local authority”,

(b) that a reference to “an authorisation” shall be construed as a reference to “a casual trading licence”,

(c) that a reference to “authorisations” shall be construed as a reference to “casual trading licences”, and

(d) in paragraph (1), that “the local authority responsible for issuing a casual trading licence” shall be substituted for “the competent authority in the State responsible for issuing authorisations for that activity”.

(6) Regulation 18 of the Regulations of 2010 shall apply for the purposes of this Act subject to the following modifications—

(a) that “Every local authority responsible for issuing a casual trading licence” shall be substituted for “Every competent authority in the State responsible for administering an authorisation scheme”,

(b) in paragraph (1)(a), that a reference to an “authorisation” shall be construed as a reference to a “casual trading licence”,

(c) in paragraphs (3), (4), (5) and (7), that a reference to “a competent authority in the State” shall be construed as a reference to “a local authority responsible for issuing a casual trading licence”, and

(d) in paragraph (6)(b), that a reference to “competent authority” shall be construed as a reference to “local authority”.

(7) Regulation 19 of the Regulations of 2010 shall apply for the purposes of this Act subject to the following modifications-

(a) in paragraph (1), that “a casual trading licence, a local authority responsible for issuing a casual trading licence” shall be substituted for “an authorisation, a competent authority in the State”,

(b) in paragraph (3)-

(i) that a reference to “an authorisation” shall be construed as a reference to “a casual trading licence”, and

(ii) that a reference to “competent authority” shall be construed as a reference to “local authority”, and

(c) in paragraph (4), that “local authority responsible for issuing a casual trading licence that refuses an application for a casual trading licence” shall be substituted for “competent authority in the State that refuses an application for an authorisation”.

(8) Regulation 20 of the Regulations of 2010 shall apply for the purposes of this Act subject to the following modifications in paragraph (1)—

(a) that a reference to “competent authority in the State” shall be construed as a reference to “local authority responsible for issuing a casual trading licence”,

(b) in subparagraph (e), that “a casual trading licence” shall be substituted for “an authorisation”, and

(c) in subparagraph (f)—

(i) in clause (i), that “a casual trading licence” shall be substituted for “an authorisation”, and

(ii) in clause (ii), that “local authority” shall be substituted for “competent authority in the State (other than a professional body or other organisation acting as the relevant competent authority in the State)”.

(9) Regulation 21 (other than paragraph (6)) of the Regulations of 2010 shall apply for the purposes of this Act subject to the following modifications—

(a) in paragraph (1), that a reference to “competent authority in the State” shall be construed as a reference to “local authority responsible for issuing a casual trading licence”, and

(b) in paragraph (5), that a reference to “competent authority in the State” shall be construed as a reference to “local authority responsible for issuing a casual trading licence”.

(10) In this section, "Regulations of 2010" means the European Union (Provision of Services) Regulations 2010 ( S.I. No. 533 of 2010 ).]

5. Display of casual trading licences.

5.—(1)A person carrying on casual trading at any place shall—