I am aware of some difficulties relating to casual trading activities which have arisen in certain areas of the west of Ireland.
The basic intention of the Casual Trading Act, 1980 is to enable local authorities, free from central Government control, to decide the places within their functional areas where casual trading may lawfully take place, and by means of by-laws and/or conditions attached to casual trading permits to regulate such trading.
Local authorities are empowered under the Act to designate casual trading areas, and where such areas are designated it is an offence for a casual trader to trade elsewhere in the functional area of that local authority. There is no limit on the number of areas which a local authority may designate. Where a local authority does not exercise their power to designate, a licensed casual trader who may trade in any public place of that local authority is still subject to any restrictions imposed by road traffic or other legislation.
It is a matter for the local authorities themselves to assess the implications of choosing not to designate one or more casual trading areas. It is a matter of regret, in my opinion, that some local authorities choose not to take the steps open to them under the Act.
