The Casual Trading Act
A Short Explanation of the Casual Trading Act.
The main reason for the 1995 Casual trading Act is: To give the Local Authorities the power to manage , regulate, set fees, allot spaces and control market trading in their local area.
Brief Background of this act
A Turning Point for Traders – The Birth of IOMST
As the Casual Trading Act 1995 loomed on the horizon, big changes were on the way for market and street traders across Ireland. Local authorities were about to be given the power to regulate, manage, and control trading in their areas, something that hadn’t existed in such a formal way before.
It was clear that traders would need support navigating this new landscape.
That’s when IOMST was formed, in 1994, just before the Act came into effect. Founded by traders, including my own father, IOMST came about at a time when there were more questions than answers. What would this new law mean for small traders? Who would speak up for them at council level? Could they even get insurance, something that had never really been asked for before?
The Irish Organisation for Market & Street Traders was created to fill that gap, to help traders understand their rights, prepare for the changes, and keep doing what they do best: bringing life to towns and villages up and down the country.
That purpose still guides us today.
Main Differences for traders since the act came in
Since the introduction of the 1995 Casual trading Act a trader now has to apply to each Local Authority for a casual trading licence, where as under the 1980 act he would only have to apply for a licence from the government, which means that if a trader intends to sell at six different markets he will have to have six licenses, each one costing an awful lot more than one national licence.
What powers do local Authorities have
Local Authorities now have the power to make bye-laws for casual trading in their areas. They also have the power to set fees, designate areas for trading manage and regulate trading.
Examples of licence fees
The cost of obtaining a casual trading licence varies significantly from county to county, as it is determined by the bylaws set by each local council. It’s important to note that a casual licence fee is not akin to rent or rates; rather, it is a fee for the administration of the licence. Ideally, this fee should be stable and only adjust to reflect inflation.
For instance, some local authorities may request a minimal licence fee, while others might set higher fees depending on the specific administrative requirements and economic factors within the region. To get the most accurate and current information regarding licence fees in your area, it’s best to contact your local council directly.
P.R.S.I and insurance requirements
When applying now for a casual trading licence it is required by law that a person must supply a PRSI number and the local authority is obliged to inform the department of Social Welfare and the Revenue Commissioners that the person named on the application has applied for a Casual Trading Licence.
It is also a requirement that a person applying for a casual trading licence must keep the local authority indemnified from any accident caused by a person engaged in casual trading by way of public liability insurance.
Size of pitches and issues related to this
Local Authorities are now giving out pitches of various sizes, in some cases the size of the pitch is far to small and traders find it unworkable. The option is there for a larger pitch but unfortunately traders requiring a larger pitch must pay for two or three licenses at a cost which makes it uneconomical to trade on the market.
What rights do traders have
Under the Casual Trading Act a trader who is aggrieved by bye-laws ( other than bye-laws under section 2(d) the fixing of fees ) can appeal to the courts which in our opinion that a Local Authority can set fees at any price and there is nothing a trader can do about it. Other rights a trader would have would be under common law but would have to be proved in the courts.