COUNTY OF KERRY (CASUAL TRADING) BYE-LAWS 2018 (KENMARE, CO. KERRY) - Kenmare.ie
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COUNTY OF KERRY
(CASUAL TRADING) BYE-LAWS 2018
(KENMARE, CO. KERRY)COUNTY OF KERRY
(CASUAL TRADING) BYE-LAWS 2018
(KENMARE, CO. KERRY)
Kerry County Council, in exercise of its powers under Section 6 of the Casual Trading Act,
1995, and part 1 of Schedule 14A of the Local Government Reform Act 2014, hereby makes
the following bye-laws in relation to the control, regulation, supervision and administration of
Casual Trading in Kenmare, Co. Kerry.
CITATION:
These Bye-Laws may be cited as the County of Kerry (Casual Trading) Bye-Laws 2018
(Kenmare, Co. Kerry). Kerry County Council (Casual Trading) Bye-Laws are hereby revoked
in respect of Kenmare, Co. Kerry.
1. DEFINITIONS:
In these bye-laws the following definitions shall apply –
‘The Act’ means the Casual Trading Act, 1995.
‘The Council’ means the Council of the County of Kerry.
‘Authorised Officer’ means a person appointed under Section 10 of the Act to be an
authorised officer.
‘Casual Trading’ (subject to the exemptions listed hereunder) 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.
‘Casual Trading Area’ means the lands of the town of Kenmare.
‘Casual Trading Licence’ means a licence granted by the Council under Section 4 of the
Act.
Page 1 of 20‘Director of Services’ means the person in charge of Operations, Health & Safety, Kerry
County Council
‘Casual Trading One Day Licence’ shall mean a casual trading licence granted by the
Council to carry out trading for one day on a trading bay which is not in use as specified
in Bye-Law
‘Casual Trader or Licence Holder’ means any person licensed to carry out casual
trading pursuant to the Act and these bye-laws shall include his/her servants or agents if
authorised in writing under these bye-laws.
‘Dutch Auction’ has the meaning assigned to it in Section 1(1) of the Act.
‘Event’ shall mean any event to which the public are admitted, whether subject to a fee or
free of charge, taking place in Kenmare including festivals and fairs and which are held
on days and times that differ from the market.
‘Event Licence’ shall mean a casual trading licence granted by the Council to carry out
causal trading at an event or events specified in the event licence pursuant to Section
4(1)(a)(iii) of the Act.
‘Event Licence Holder’ shall mean any person who is granted an event licence and is
licensed to carry out casual trading at the event specified in the event licence pursuant to
the Act and these bye-laws and shall include the person’s employees, servants or agents if
authorised in writing in accordance with these bye-laws.
‘Fair Day’ shall mean any day on which a Fair may take place in a market town pursuant
to a Franchise and/or Statute which created the Fair.
‘Goods’ shall include provisions, marketable commodities, articles, food, agricultural or
horticultural produce and fish.
‘Litter’ means a substance or object, whether or not intended as waste (other than waste
within the meaning of the Waste Management Act, 1996, which is properly consigned for
disposal) that, when deposited in a place other than a litter receptacle or other place
lawfully designated for the deposit, is or is likely to become unsightly, deleterious,
nauseous or unsanitary, whether by itself or with any other such substance or object, and
regardless of its size or volume or the extent of the deposit.
‘Litter Warden’ has the same meaning as contained in the Litter Pollution Act, 1997.
‘Livestock’ means farm animals including poultry.
‘Market’ means an area within which a right has been conferred by Franchise or Statute
to hold a Market, that is to say a right of having a concourse of buyers and sellers to
dispose of commodities in respect of which a franchise is given.
Page 2 of 20‘Market Right’ means a right which has been conferred by Franchise or Statute to hold a
Market, that is to say a right of having a concourse of buyers and sellers to dispose of
commodities in respect of which a franchise is given. Nothing in these bye-laws should
be construed as affecting such rights.
‘Sell, Selling or Sale’ shall include or be deemed to include agreeing or offering to sell,
displaying for sale or inviting an offer to buy.
‘Stall’ shall include any wheeled or moveable stall or box, barrow, cart trailer, or other
vehicle conveyance, and any standing structure, booth or enclosure, used for casual
trading.
‘Administrative Fee’ is the fee payable for the administering of a Casual Trading
Licence.
‘Casual Trading Fee’ is the fee payable for trading in the casual trading area and will be
determined from time to time by the Council and as the Council will be operating casual
trading areas on a ‘not for profit’ basis the fee will be based on the operational costs of
holding casual trading in Kenmare.
‘Traffic Warden’ has the same meaning as contained in the Road Traffic Acts.
‘Trading Bay/Space’ means an area that may be allocated to a person engaged in casual
trading in which they are licensed to trade.
‘Vehicle’ means and includes every means of conveyance (whether mechanically
propelled or not) of persons, animals, market produce or any goods or articles.
2. EXEMPTIONS
Pursuant to Section 2 of the Act, 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 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 therefrom.
Page 3 of 20(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. DESIGNATION:
3.1 The Council hereby designates the town of Kenmare as a casual trading area and the
lands shown on the attached map in Schedule 4, as places reserved where Casual
Trading may be carried on (in these Bye-Laws referred to as “the Casual Trading
Area”).
3.2 Casual trading in the places reserved in the Casual Trading Area which is marked on
the map attached in Schedule 4 may be conducted on Monday, Tuesday, Wednesday,
Thursday, Friday and Saturday of each week.
3.3 A Licence Holder shall engage in casual trading only within the space allocated to the
licence holder in the designated casual trading area, which space shall be identified by
means of a description in the licence holder’s licence or delineated by a paint marking
or instructed by the Authorised Officer on the day of trading or in the case of a
specified event or events at such other locations as may be approved by the council
pursuant to Section 4(1) (a) (iii) of the Act.
3.4 These Bye-Laws also apply to Fair Days. Fair Days may occur on the 27th February,
15th April, 15th August, and the 15th December and if any of these days shall happen to
fall upon a Sunday then such fair is to be held on the Monday following. Fair Days
may also occur on the 22nd & 23rd May, 1st & 2nd July, 26th & 27th September and the
20th & 21st November. Any trader who wishes to trade at any such Fair, shall apply to
the Council, no later than 30 days prior to the Fair taking place, for a casual trading
licence or to have the Fair Day/s added to their existing licence.
Page 4 of 204. CASUAL TRADING LICENCE
4.1 A person applying to the Council for a casual trading licence shall furnish to the
Council, the information requested in the form prescribed together with such further
information as the Council may request for the purposes of the exercise of its powers
and functions under the Act as outlined in Schedule 1. If the person fails to comply
with this subsection, the Council may refuse to grant the person a licence.
4.2 An individual application shall be made for each licence sought and shall be made to
the Council not less than 30 days before the first day on which it is intended to engage
in casual trading and shall contain the information as requested in Schedule 1.
4.3 (a) The Council reserves the right to grant or refuse licence applications. If an
application for a licence is refused, written reasons for the refusal will be issued to the
applicant.
(b) A request for a review of a decision in relation to a licence must be lodged in
writing to Kerry County Council be lodged within 21 days of receiving the decision
and a decision on the review shall issue within 21 days from the date of receipt of the
request.
4.4 A casual trading licence shall only be issued by Kerry County Council.
4.5 The Council shall allocate individual trading bays by such methods that it may at its
discretion decide. The Council shall consider the following criteria when assigning a
particular trading bay within the Casual Trading Area:
(a) The avoidance of empty spaces between casual trading bays.
(b) Traders that are artisan producers and are proposing to sell goods which have been
grown, crafted or manufactured by the applicant.
(c) The proper operation of the casual trading area.
(d) The clustering of complimentary traders in one area.
(e) The safety of the public attending the casual trading area
(f) The safety of all traders in the casual trading area
(g) The views of the traders concerned
Page 5 of 20Where it occurs that there is a greater number of applicants than spaces available on a
particular day the spaces shall be assigned firstly by the prioritisation of applicants
based on the criteria listed (b) to (d) above and secondly by the drawing of lots.
Where there is any dispute regarding who should trade in an individual space a
resolution will firstly be sought through the drawing of lots and secondly the decision
of the Authorised Officer will be final.
4.6 It shall be an offence under these Bye Laws for a casual trader not to comply with the
conditions attached to their Casual Trading Licence.
4.7 Only one casual trading licence per person or per company will be issued. A casual
trading licence shall only be used by the person to whom the licence is issued or any
agent or servant of such person as specified in the licence application. A casual
trading licence is not transferable.
4.8 A Casual Trading Licence shall licence a named casual trader to engage in casual
trading at a specified casual trading bay weekly on (a) specified days(s) or will allow
the licence holder to trade in a casual trading area, once they have produced their
casual trading licence, and paid the appropriate one off fee.
4.9 A casual trading licence will be issued for a period not exceeding 12 months.
4.10 A casual trading licence that is being used in Kenmare Market as definable by
these bye laws may be renewed on an annual basis by Kerry County Council by re-
application for a new licence and will be subject to the continued fulfilment of
requirements by the licence holder.
4.11 Upon the grant of a casual trading licence, or as soon as may be thereafter, the
Council 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, in accordance with section
4(11) of the Act.
4.12 In the event of a breach of these byelaws or of the terms and conditions of the
licence, the licence may be revoked by the Council.
4.13 (a) Before deciding on the revocation of a licence, 21 days’ notice giving
particulars of the breach and of the Council’s intention to revoke the licence with the
Page 6 of 20reason or reasons for the proposed revocation shall be served on the Casual Trading
Licence holder.
(b) The Council shall have regard to any written submissions made by the casual
trader/licence holder prior to deciding whether or not to revoke the licence. There
is a right of appeal in the event of revocation of a casual trading licence to the
Director of Services. An appeal must be lodged in writing within 21 days of the
revocation decision and a decision pertaining to the appeal shall issue to the
appellant within 21 days from the date of receipt of appeal.
4.14 A person engaging in casual trading shall:
(a) Display the number of the casual trading licence relating to the category of trading
on the stall in such a manner as may be determined by the Council and in such a
position as to be clearly visible and easily legible to members of the public.
(b) Make available to the Council and the Council will upon request make available
to a recipient (customer) information in a clear and unambiguous manner as
prescribed by Article 22 of the Services Directive 2006/123/EC – Information on
Providers (Traders) and their services (See sample information sheet in Schedule).
4.15 Casual traders involved in the sale or display of any foodstuffs, intended for
human consumption shall fully comply with all Food Hygiene Regulations, and in
particular, casual traders/licence holders involved in the sale of meat or meat products
or where food is prepared, cooked or heated for sale in a form ready for consumption
must hold a current licence issued by the Health Service Executive and such a licence
must be visibly displayed on their stall at all times of trading.
5. CASUAL TRADING RULES WITHIN THE CASUAL TRADING AREA
5.1 A trader may be requested to move their stall permanently if it is found to be
compromising road safety or obstructing vehicular routes, through routes or walkways
or causing an obstruction to persons with reduced mobility. A trader may be requested
to move or remove their stall temporarily to facilitate festivals or sporting events
taking place within the town or road works being carried out on carriageways, verges,
footpaths or medians or other forms of Council authorised development.
5.2 Trading shall take place only on the days specified in the licence or, on any day on
which the daily rate has been paid, commencing at 9.00 a.m. at the earliest and
ceasing at 5.00 p.m. at the latest.
Page 7 of 205.3 Casual trading shall be confined to the trading bay designated for each trader. The
size and location of each trading bay shall be at the sole discretion of the Council.
Such allocation shall not create a tenancy, licence or other entitlement to the said
trading bay.
5.4 A maximum of two trading bay shall be allocated per trader / licence holder but where
over subscription of traders arise one trading bay shall be allocated per trader/licence
holder.
5.5 The type of stall shall be approved by the Council. The material covering stalls must
be clean, safe and tightly secured to the frame. Stalls must be kept clean and tidy at all
times and shall not be tied to any public pole, public bollard or street furniture. The
stall must be of safe, anchored and robust construction and be fit and proper for
purpose. The stall must be erected within the designated stall/pitch area. Kerry County
Council reserves the absolute right to determine if this is the case and to restrict its
dimensions if it has the potential to cause risk to other traders or members of the
public.
5.6 Trading will only be allowed within the trading bay/space which shall be indicated on
the map attached to Schedule 4 or as determined by an Authorised Officer appointed
for the purpose of regulating casual trading.
5.7 A casual trader/licence holder trading in a casual trading space as specified in the
Casual Trading Licence in a casual trading area:
(a) Shall keep and leave the casual trading space in a clean and tidy condition,
(b) Shall as often as is necessary and when directed by an Authorised Officer or Litter
Warden during any day on which the stall is being used for the sale of goods,
cause all litter from his/her trade or business to be removed and disposed of
properly
(c) Shall as often as is necessary cause such litter to be promptly removed without
creating a nuisance or obstruction
(d) Shall fully comply with the terms of the Litter Pollution Act, 1997,
(e) A casual trader/licence holder selling consumable food or drink as specified in the
casual trading licence shall provide litter receptacles and manage litter within the
vicinity of their stall
Page 8 of 20(f) Shall confine his/her stall and his/her goods, equipment or other articles to the
allotted trading bay space
(g) Shall ensure that any structure overhanging a stall shall be of sufficient height so
as not to cause a danger to the health and safety of other traders or members of the
public
(h) Shall not obstruct or impede or assist a person to obstruct or impede the Council,
any employee of the Council or an authorised officer in the carrying out of any
works of maintenance in any part of the casual trading area.
5.8 No stall shall be of such weight or be so loaded as to be capable of causing permanent
damage to the surface on which it is placed.
5.9 No stall shall exceed 3.5m in height (from ground level).
5.10 All generators used in conjunction with casual trading stalls, shall conform to
acceptable noise levels i.e. not to exceed 55db(A) – where db(A) means decibel
level).
5.11 All gas cylinders and the associated fixtures and fittings used in conjunction
with casual trading stalls shall conform to acceptable storage and usage guidelines in
accordance with the manufacturers’ instructions and may be subject to spot checks by
a member of the Fire Service. The gas cylinders and associated fixtures and fittings
shall also conform to the requirements of “Code of Practice 24, Use of LPG cylinders
Part 4: 1999, Use of LPG for catering at Outdoor Functions”, or any updated relevant
“Code of Practice”. Particular attention should be paid to Section 8.3, or its updated
relevant equivalent, which sets out that all equipment should be provided with “all
necessary instruction/training on installation, testing, operation, emergency action and
decommissioning” and Section 9.3 or its updated, relevant equivalent: “where the gas
cylinder is sited outdoors from the appliance, consideration should be given to placing
fire extinguishers adjacent to appliances and gas cylinders”.
5.12 No broadcasting of speech or music from an amplification system shall take
place from any stall unless permitted by an authorised officer. If permission has been
obtained, the sound volume will be at a level agreed with the authorised officer and
shall not cause nuisance to other traders or members of the public.
5.13 A casual trader/licence holder shall not park a vehicle in the casual trading bay
during trading hours unless such vehicle is for the time being in use for the purpose of
casual trading and is wholly parked within the area of the casual trading space
specified in the casual trading licence.
Page 9 of 205.14 A casual trader/licence holder shall
(a) Ensure that all goods, vehicles, structures and other items belonging to him/her or
under his/her control shall not be left on or near a trading bay any earlier than 6.00
a.m. prior to the commencement of the permitted trading time as outlined in bye-
law 5.2.
(b) Not commence setting up their stall until 7.30 a.m. unless with the prior
agreement of the Authorised Officer.
5.15 A casual trader/ licence holder shall ensure that all goods, vehicles, structures
and other items belonging to him/her or under his/her control are removed from the
casual trading bay no later than two hours after the cessation of trading times as
outlined in bye-law 5.2. Any such items not so removed may be removed by the
Council and the casual trader/licence holder shall be liable to pay any such charges as
the Council may determine from time to time in respect of removal, storage and if
appropriate, disposal.
5.16 Vehicles other than those required for the unloading and reloading of goods
and after trading times, or being used wholly within the assigned trading bay in
accordance with bye-laws 5.13 and 5.15 shall not be parked in the casual trading area.
5.17 Vehicles shall not be parked or left in a casual trading bay overnight.
5.18 A casual trader/licence holder shall not trade in, park vehicle(s) in, deposit
refuse in or in any way interfere with, any other trading bay(s)/space(s) in the trading
area or hinder any other person in the proper use of the Casual Trading Area.
5.19 Each casual trader/licence holder shall ensure that no physical obstruction or
nuisance or public order offence is caused or allowed to be caused to the owners or
occupiers and their invitees of premises adjacent to where casual trading is taking
place.
5.20 Kerry County Council will not be responsible for any property belonging to
any person whether deposited or left in any part of the trading area or Council storage
facilities. The Council shall not be responsible for any loss, damage, or injury caused
by the negligence of any trader, his agents, employers or customers.
5.21 A person shall not obstruct or impede an Authorised Officer or member of the
Garda Siochana in the control, regulation, supervision or administration of casual
trading.
Page 10 of 206. LICENCE FEES
6.1 Applicants for a casual trading licence shall pay an administrative fee of €10.00
6.2 The casual trading fee for trading in the casual trading area will be charged at a rate of
€15 per space per day or €50 per day for two adjoining spaces.
6.3 A casual trading fee for events will be charged at a rate determined by Kerry County
Council on the basis of the facilities and services provided by Kerry County Council
in the casual trading area.
6.4 Traders can pay the appropriate fee in advance or can pay the fee on the day in which
they intend to trade.
6.5 Traders must pay the appropriate fee in advance of setting up their stall on the day in
which they intend to trade.
6.6 Fees paid in advance are refundable on a pro rata basis in the event of revocation of
the licence.
6.7 Kerry County Council will operate the Casual Trading Area in Kenmare on a “not-
for-profit” basis and reserves the right to review the fees annually on the basis that all
fees charged will be commensurate with the operational and administrative costs of
regulating trading in the Kenmare Casual Trading Area.
6.8 For the avoidance of doubt, traders in the Kenmare Casual Trading Area shall not be
charged in any different manner to those traders, trading in any other Casual Trading
Area, which is not a common law market.
7. EVENT TRADING
7.1 The Council reserves the right to award event licences to traders for special events,
festivals and fairs and shall determine the licence fee for each specific event.
7.2 Applications for event licences shall be made not less than 30 days in advance of the
date on which trading is to take place.
7.3 The Council reserves the right to limit the number of event licences awarded for each
event unless that event coincides with a common law market or fair which originated
from a franchise or statute and in those circumstances the Council will regulate the
event as per the franchise or statute.
7.4 The Council reserves the right to allow trading to take place outside the hours
specified in Bye-Law 5.2 for certain events.
Page 11 of 207.5 Event trading shall be carried out in accordance with specific conditions attached to
the event licence and all conditions of such licence shall be strictly adhered to by the
event licence holder.
7.6 All sections of these bye-laws shall apply to event licence holders for event trading.
8. AUTHORISED OFFICER
8.1 The Council shall appoint an Authorised Officer or Officers for the purposes of the
control, regulation, supervision and administration of Casual Trading in Kenmare.
8.2 A casual trader/licence holder shall comply with all lawful requests and directions by
an authorised officer or member of the Garda Síochána. Any person requested by a
member of the Garda Siochána to leave the designated casual trading area shall do so
peaceably and forthwith.
8.3 An Authorised Officer may:
(a) Enter, inspect and examine any place where he/she has reasonable cause to
believe that casual trading is being engaged in
(b) Require any person whom he/she has reasonable cause to believe to be engaging
in casual trading to produce, if it is not being displayed, a casual trading licence
authorising such trading and to permit the officer or member of the Garda
Síochána to examine the licence and
(c) If the casual trader 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/her name and
address, and if he/she is the servant or agent of another person, the name and
address of the casual trader make such examination and inquiry as may be
necessary to ascertain whether the provisions of the Act or of these bye-laws are
being complied with
(d) Require any person whom he/she has reasonable cause to believe to be engaging
in casual trading in contravention of the Act to give such information as is in
his/her power as to the ownership of any goods being sold in the course of such
trading.
Page 12 of 208.4 A person shall not obstruct or interfere with, or give false information to an authorised
officer or member of the Garda Síochána in the performance of functions under these
bye-laws.
9. MANAGEMENT
9.1 The Council 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/she was the holder of a casual trading licence or an offence under
Section 3 of the Act and these bye-laws.
9.2 (a) The Authorised Officer may permit any trading bay(s), which has already been
allocated to a licensed trader, to be temporarily used by another licensed trader, when
not in use by the actual casual trader to whom it was allocated, or where it has not
been occupied by the actual casual trader to whom it was allocated by 10.00 a.m. In
such cases the original trader has lost his/her space for that day, unless the trader has
notified the Authorised Officer in advance of his/her late arrival which shall not be
permitted to be later than 11:00 a.m.
(b) To facilitate efficient management of trading, Traders who do regularly trade in
Kenmare Market on a particular day are required to contact the Authorised Officer
a minimum of 24 hours in advance if they do not intend to trade on a particular
day and Traders who do not regularly trade in Kenmare Market but are allowed to
do so by virtue of their casual trading licence are required to contact the
Authorised Officer a minimum of 24 hours in advance of any day in which they
intend to trade.
(c) Trading bays that have not been occupied by 11:00 a.m. shall revert to public
parking spaces.
9.3 If trading bays are not occupied by the casual trader/licence holder for six consecutive
trading days (which the licence holder has signed up to) within the period between the
beginning of March and the end of December, the Council may, at its discretion, serve
notice on the licence holder and arrange to reallocate the trading bay in question. The
licence holder will be given an opportunity to explain their absence prior to a
reallocation decision being made. No refund of the licence fee will be given in the
event of reallocation of the trading bay should the licence holder take up another
trading bay/space. In instances where casual trading fees were paid in advance a
refund of the remaining balance will be given to the casual trader/licence holder
should the licence holder not wish to move to another trading bay/space.
Page 13 of 209.4 Where a casual trader/licence holder wishes to cease trading at the designated bay
during the period of validity of the licence he/she shall notify the Council of the date
of cessation not less than four weeks in advance and the licence shall cease
immediately upon expiration of the date of intended cessor. In instances where
casual trading fees were paid in advance a refund of the remaining balance will be
given to the licence holder. No refund will be given of the initial administrative fee
paid for the licence.
9.5 Licence holders shall indemnify Kerry County Council against all third party claims
and shall maintain public liability insurance cover. Kerry County Council strongly
advises that the insurance cover should be in the amount of €6.4m in respect of each
and every claim. The policy and level of cover shall be submitted to the Council at
the time of the licence application.
9.6 Casual traders/licence holders shall only sell goods within the broad categories as
outlined in Schedule 3 as specified in their licence. Casual traders/licence holders who
wish to sell goods from a category that differs from that which is the subject of their
licence must notify the council 30 days in advance of trading in such goods.
9.7 Casual traders/licence holders selling livestock shall not be permitted to bring unfit
livestock to the casual trading area.
9.8 Casual traders/licence holders selling livestock shall ensure that they are provided
with an adequate supply of water/food as often as is necessary to prevent it from
suffering from thirst or hunger.
9.9 Casual traders/licence holders selling livestock shall ensure that they are sufficiently
sheltered/shaded from the elements.
9.10 Casual traders/licence holders shall not obstruct traffic or pedestrians.
9.11 Casual traders/licence holders shall not obstruct the free flow of traffic or
public access on a public road, footpath or public right of way.
9.12 Casual traders/licence holders shall not conduct trading in a manner that
causes or is likely to cause offence. The following types of behaviour are deemed
unacceptable by Kerry County Council:
(a) Verbal abuse/ bullying/ harassment
(b) Non-verbal abuse/ bullying /harassment
(c) Physical abuse/ bullying /harassment
(d) Coercion
(e) Intrusion, menacing behaviour
Page 14 of 20(f) Intimidation of any sort
(g) Aggression
9.13 The above violations by the holders of a Casual Trading Licence issued by
Kerry County Council will be classed as misconduct for the purposes of invoking
disciplinary procedures and sanctions therefore. Persons who engage in such conduct
may be subject to the following penalties:
(a) Suspension and/or revocation of a casual trading licence
(b) Further penalties pursuant to Section 14 of the Act
9.14 A right of appeal exists from any of the above penalties imposed subject to the
conditions outlined in bye-law 4.13.
9.15 The following acts perpetrated while engaged in casual trading are considered
to be acts of grievous misconduct and shall result in the revocation of a trader’s
licence should the trader be convicted of same:
(a) Public order offences including threatening, abusive, lewd or insulting behaviour
in a public area, being intoxicated whilst working in the casual trading area,
violent disorder and affray
(b) Offences against the person including assault, assault causing harm, and causing
serious harm
(c) Illegal possession of drugs and illegal possession of drugs for the purpose of sale
or supply
(d) Theft, possession of stolen goods and the handling of stolen goods
(e) Offering for sale counterfeit or pirated goods
(f) Criminal Damage
9.16 The erection, usage and management of Bouncy Castle(s) and/or any other
fairground-type attraction(s) in the designated casual trading area is hereby prohibited
unless authorisation is specifically obtained from Kerry County Council.
9.17 Casual traders/licence holders shall be responsible for the compliance with
these bye-laws by their servants or agents, staff and family members assisting them.
Page 15 of 209.18 A person who contravenes one of these Bye Laws shall be guilty of an
offence. A person guilty of an offence under these Bye Laws shall be liable on
summary conviction to the relevant fine as outlined in the Act. Where Kerry County
Council is of the opinion that an offence has occurred under these bye laws it may
issue a fixed penalty notice to the person who Kerry County Council understands has
caused the offence stating: -
The date of the offence
The nature of the offence
The name and address of the person believed to have committed the offence
The notice shall be served by ordinary pre-paid post or be delivered by hand to the
person Kerry County Council believes to have committed the offence and shall state
that if a payment is made to Kerry County Council of €75, Kerry County Council will
not commence proceedings to prosecute the offence.
Page 16 of 20Schedule 1
Pre-conditions of a casual trading licence
The casual trading licence applicant must satisfy the following pre conditions by submitting
all necessary information at the time of applying for a licence:
1. Name of Applicant
2. Legal Status of business
3. Full Postal Address
4. Telephone Number
5. Electronic Mail/Website address (where applicable)
6. Main feature of the service (broad description of goods to be sold)
7. Insurance Details
8. Number on Council Register – Licence Number
9. The particulars of the relevant competent authority, or single point of contact, via
electronic means
10. Occupation
11. Tax Information:
a. PPS Number and confirmation that the number is registered with Revenue as a
Tax Reference Number (In the case of an individual)
b. Tax reference Number (In the case of a company)
12. Company Registration Number as supplied by the Companies Registration Office (if
the application is made in the name of a limited company)
13. Description (including a photograph where possible) of proposed stall to be used and
size of stall if available.
14. Details of who shall operate the stall (Names of servants or agents)
15. First date on which applicant proposes to commence trading
16. Details of other casual trading licences i.e. licence number and expiry date (whether
current or non-current held by the applicant in other designated casual trading areas)
17. Appropriate licence fee (if any)
18. Food Safety Certificate as outlined in these Bye Laws (if applicable)
19. Manufacturers Certificate of Compliance in relation to gas cylinders as outlined in
5.10 in these Bye Laws (where applicable)
Page 17 of 20Schedule 2
Information to be made available
from licence holder to Kerry County Council which will be made available to customer
upon request in certain circumstances
1. Name of Licence Holder
2. Legal Status of business
3. Full Postal Address
4. Telephone Number
5. Electronic Mail/Website address (where applicable)
6. Main feature of the service (broad description of goods to be sold)
7. Insurance Details
8. Number on Council Register – Licence Number
9. The particulars of the relevant competent authority, or single point of contact, via
electronic means
Page 18 of 20SCHEDULE 3
Categories of goods
Category 1 Fast Food e.g. Crepes, Hot dogs, burgers, Fried Chicken, Fish &
Chips, Donuts etc.
Category 2 Slow Food e.g. Vegetables, fish, meat, cheese, olives, bread, cakes,
honey, jam, etc.
Category 3 Crafts, Second Hand, Assorted Goods e.g. jewellery, woodturning,
spinning, weaving, sculpture, ceramics, painting, knitting, soaps,
cosmetics, pottery, bric-a-brac, books, tools, clothes, footwear, plants,
fishing tackle, antiques etc.
Category 4 Livestock e.g. ducks, chickens etc.
Page 19 of 20Schedule 4
Casual Trading Area Maps
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