Casual Trading:

COBH (CASUAL TRADING) BYE-LAWS 2004

WHEREAS Cobh Town Council in exercise of the powers conferred on it by Section 199 of the Local Government Act 2001 and Section 6 of the Casual Trading Act 1995 and all other Statutory and enabling powers in that behalf hereby makes the following Bye-Laws:-

1.These Bye-Laws shall be cited as the Cobh (Casual Trading) Bye-Laws 2004.

2.In these Bye-Laws except where the context otherwise requires, the following words and phrases shall have the following meanings respectively:-

a.The “1995 Act” means the Casual Trading Act 1995.

b.The “2001 Act” means the Local Government Act 2001.

c.“Authorised Person” means “Authorised Person” as defined by Section 204(1) of the 2001 Act or Section 10 of the 1995 Act.

d.“The Authority” means Cobh Town Council.

e.“Casual Trader” means a person engaged in Casual Trading, his servants or agents.

f.“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 but does not include:-

1).selling by auction (other than by Dutch auction) by the holder of a Licence or a Permit for the time being in force under the Auctioneers and House Agents Acts 1947 to 1973.

2).selling to a person at the place where he resides or carries on business.

3).selling in respect of which is shown by the seller:-

a.that any profits therefrom are for use for charitable purposes or for other purposes from which no private profit is derived.

b.that no remuneration, emolument, gain or profit will accrue to the seller or his servants or agents therefrom.

c.selling of newspapers outside Churches or places of worship during and immediately after Mass or services subject to the vendor (s) thereof complying with any rules or regulations at that time in force in relation to same or in relation to the parking of any vehicle associated with this activity.

d.the selling of fish by fishermen from boats anchored at the quayside.

In accordance with Section 2(3) of the 1995 Act, any Regulations made by the Minister for Enterprise and Employment or his successors to amend (whether by addition, deletion or alteration ofclasses) the classes of selling regarded as casual trading shall be deemed to be so added deleted or altered in these Bye-Laws.

g.“Casual Trading Area” means the land within the Functional Area standing designated by these Bye-Laws as an area where Casual Trading may be carried on and in particular includes the area designated for same by a Resolution of Cobh Town Council dated the ____ day of ________________, 2004 and marked on Map No. ____ attached hereto.

h.“Casual Trading Licence” means a Licence for the time being in force granted by the Authority pursuant to Section 4 of the 1995 Act and which may contain such conditions as the Authority in its absolute discretion shall deem necessary.

i.“Farmer’s Market Area” means the land within the Functional Area standing designated by these Bye-Laws for the holding of a Farmer’s Market and in particular includes the area designated for same by a Resolution of Cobh Town Council on the ___ day of ______________, 2004 and marked on Map No. ____ attached hereto.

j.“Farmer’s Market” means a market for the sale of all types of edible foodstuffs, farm and homemade produce and flora.

k.“Functional Area” means the Town of Cobh.

l.“Fun Fair” shall inaddition to its ordinary meaning include a circus, carnival, merry-go-rounds, roundabouts, swings, shooting galleries, dodgems or other mechanical riding or driving contrivances, automatic or other machines intended for entertainment or amusement and shows and displays similar to the foregoing and for the purposes of entertainment or pleasure.

m.Fun Fair Area” means the land within the Functional Area standing designated by these Bye-Laws as an area where a Fun Fair may be operated and carried on and in particular includes the area designated for same by a Resolution of Cobh Town Council dated the ____ day of ________________, 2004 and marked on Map No. ____ attached hereto.

n.“Fun Fair Licence” means a Licence for the time being in force granted by the Authority pursuant to these Bye-Laws and authorising the holder of such a Licence to operate a Fun Fair in a Fun Fair Area and which Licence may contain such conditions as the Authority in its absolute discretion shall deem necessary.

o.“Mobile Trading Licence” means a Licence for the time being in force granted by the Authority pursuant to these Bye-Laws which may contain such conditions as the Authority in its absolute discretion shall deem necessary.

p.“Public Place” means any land provided by or under the control or management of the Authority.

q.“Sell”, “Selling” or “Sale” includes agreeing or offering to sell, or displaying for sale, or inviting an offer to buy.

r.“Stall” shall, in addition to its ordinary meaning, include any wheeled or moveable box, harrow, cart, caravan or other vehicle or booth or other stand or conveyance used for Casual Trading.

s.“Trading Space” means each individual area in a Casual Trading Area designated by the Authority as such and marked on Map No. ___ attached hereto.

t.“Vehicle” means and includes every means of conveyance, whether mechanically propelled or not, of persons, market produce or other goods or articles of any nature whatsoever.

3.In these Bye-laws the masculine shall be deemed to include the feminine and neutergenders and the singular shall be deemed to include the plural.

4.A person shall not engage in Casual Trading in the Functional Area save in compliance with these Bye-Laws.

5.A person shall not operate a Fun Fair in a public place in the Functional Area save in compliance with the provisions of these Bye-Laws.

6.A person may engage in Casual Trading in a Trading Space(s) in a Casual Trading Area provided that such Casual Trading is in compliance of the provisions of these Bye-Laws and such person is the holder of a Casual Trading Licence for the time being in force in respect of such Trading Space(s) at the time of such Casual Trading. A Casual Trading Licence shall authorise the holder thereof and his servants and agents acting as such to engage in Casual Trading in the Trading Space(s) in the Casual Trading Area specified in such licence.

7.A person operating the business of the sale of ice cream, soft drinks and related products (but not including the sale of take-away fast food or chip vans) from a Vehicle may engage in Casual Trading in the Functional Area (excluding that part of the Functional Area specified in the First Schedule hereto subject as provided herein provided that he is the owner of a Mobile Trading Licence for the time being in force and the Casual Trading is in accordance with the Mobile Trading Licence. A Mobile Trading Licence shall authorise the holder thereof and his servants and agents acting as such to engage in Casual Trading in the Functional Area excluding that part of the Functional Area specified in the First Schedule hereto.

8.A person may operate a Fun Fair in a Fun Fair Area provided that he is the holder of a Fun Far Licence for the time being in force and such operation is in compliance with the Fun Fair Licence. A Fun Fair Licence shall authorise the holder thereof and his servants and agents acting as such to operate a Fun Fair in the Fun Fair Area or any part thereof as specified in such licence.

9.A Casual Trading Licence shall issue only in respect of a specific Trading Space and a Casual Trader holding a Casual Trading Licence shall only engage in Casual Trading within the confines of the Trading Space to which the Casual Trading Licence relates and in compliance with the provisions of the Casual Trading Licence.

10.A person operating aFun Fair shall only operate within the confines of the Fun Fair Area to which the Fun Fair Licence relates and in compliance with the provisions of the Fun Fair Licence.

11.A Casual Trader shall only engage in Casual Trading subject to such conditions as are contained in the Casual Trading Licence or Mobile Trading Licence held by such person.A person operating a Fun Fair shall only operate in compliance withthe conditions contained in the Fun Fair Licence held by such person.

12.A Casual Trading Licence, Mobile Trading Licence or Fun Fair Licence shall include such conditions as the Authority may from time to time deem to be desirable or necessary and without prejudice to the generality of the foregoing the Authority may impose conditions in relation to:-

a.The type of goods which may be traded or services provided.

b.Conditions in relation to the hours in which licensed activities may be carried on.

c.Conditions in relation to the maintenance of insurance.

d.Conditions in relation to the disposal of litter.

e.Such other conditions as the Authority may from time to time deem desirable.

13.An application for a Casual Trading Licence, Mobile Trading Licence or Fun Fair Licence shall be made on the appropriate forms to be obtained from the Town Clerk of the Authority at the Town Hall, Cobh, in the County of Cork.An application for a Casual Trading Licence, Mobile Trading Licence or Fun Fair Licence shall be made to the Authority not less than 30 days before the first day on which it is intended to engage in the licensed activity to which the application relates and shall be made on the official application forms.

14.A Casual Trading Licence or Mobile Trading Licence (if not otherwise revoked in accordance with the provisions of these Bye-Laws) shall continue in force for such period not exceeding 12 months as may be specified in the Casual Trading Licence or Mobile Trading Licence and shall then expire

15.A Fun Fair Licence shall continue in force for such period not exceeding 24 hours as may be specified in the Fun Fair Licence and shall then expire.

16.Application may be made for Casual Trading Licences in respect of single Trading Spaces or multiple Trading Spaces within a Casual Trading Area.

17.The Authority reserves the right in it’s absolute discretion to decide whether to grant or refuse an application for aCasual Trading Licence, Mobile Trading Licence or Fun Fair Licenceas appropriate. An application for a Casual Trading Licence, Mobile Trading Licence or Fun Fair Licence shall be accompanied by the appropriate application fee as set out in the Second Schedule hereto. The Authority may in its absolute discretion decide:-

a.To refrain from granting a Casual Trading Licence in respect of a Trading Space in a Casual Trading Area notwithstanding that the relevant Casual Trading Space is vacant and no other person has made an application for a Casual Trading Licence in respect of such Trading Space.For the avoidance of doubt the Authority is entitled to hold Trading Spaces vacant and not to allocate such spaces to any party for such time or times as it shall deem fit.

b.To refrain from granting a Fun Fair Licence in respect of a Fun Fair Area notwithstanding that the relevant Fun Fair Area is vacant and that no other person has made an application for a Fun Fair Licence in respect of such Fun Fair Area.For the avoidance of doubt the Authority is entitled to hold Fun Fair Areas vacant and not to allocate Fun Fair Areas to any party for such time or times as it shall deem fit.

c.To refrain from granting a Mobile Trading Licence notwithstanding that no other Mobile Trading Licence may have been granted to any person in respect of the Functional Area.

18.Individual Trading Spaces and Fun Fair Areas shall be allocated by the Authority in such manner as it may in its absolute discretion deem fit.This shall not exclude allocation by lot.

19.Trading Spaces shall not be sub-divided without the prior written consent of the Authority and the Authority shall be entitled to impose such conditions as it shall in its absolute discretion deem necessary in such consent.

20.The Authority may revoke without notice a Casual Trading Licence, Mobile Trading Licence or Fun Fair Licence if it is satisfied that a condition of such Licence is being or has been contravened or if the personto whom it is granted is convicted of an offence in relation to the importation, possession or sale of goods committed whilst the holder of a Casual Trading Licence, Mobile Trading Licence or Fun Fair License or of an offence pursuant to Section 3 of the 1995 Act.In addition the Authority may revoke a Casual Trading Licence, Mobile Trading Licence or Fun Fair Licence if it is satisfied that false or inaccurate information was furnished during the application for the issue of such Licence.

21.a.A person holding a Casual Trading Licence issued pursuant to these Bye-Laws shall display such licence in a position so as to be clearly visible and easily legible to Authorised Persons and members of the public in the vicinity of the Trading Space to which it relates.

b.A person holding a Mobile Trading Licence issued pursuant to these Bye-Laws shall display such licence in a position so as to be clearly visible and easily legible to Authorised Persons and members of the public in the vicinity of the Vehicle to which it relates.

c.A person holding a Fun Fair Licence issued pursuant to these Bye-Laws shall display such licence in a position so as to be clearly visible and easily legible to Authorised Persons and members of the public in the vicinity of the Fun Fair Area to which it relates.

22.A Licence issued to a person pursuant to these Bye-Laws shall only be used by the person to whom such Licence has issued, his servants and agents and may not be assigned to any third party.

23.If a Trading Space in a Casual Trading Area is not taken up for 6 successive markets, the Authority may in its absolute discretion and without notice revoke the Casual Trading Licence in existence in relation to such Trading Space and re-allocate such Trading Space to such other party as it may in its absolute discretion determine.

24.A Casual Trader and the operator of a Fun Fair shall comply with any lawful direction given by the Authority, an Authorised Person or a member of the Garda Siochana in relation to the activities being carried on by such person.

25.The Authority may in its absolute discretion re-locate a Casual Trader from a Trading Space to an alternative Trading Space within the Casual Trading Area.Such Casual Trader shall not be entitled to compensation of any nature arising out of such re-location.

26.The Authority may from day to day permit any Trading Space which has already been allocated to be used on a temporary basis by another Casual Trader when not in actual use by the Casual Trader to whom same was allocated or where the Trading Space has not been occupied by 11a.m. or such other time as may be specified in the Casual Trading Licence for the commencement of Casual Trading.In such cases the Casual Trader holding the Casual Trading Licence in respect ofsuch space shall be deemed to have lost the use of such Trading Space for that day.

27.A Casual Trader shall leave the Trading Space and its immediate vicinity and the operator of a Fun Fair shall leave the Fun Fair Area and its immediate vicinity in a litter free state upon cessation of Casual Trading or upon cessation of the Fun Fair as appropriate.A Casual Trader and the operator of aFun Fair shall vacate the Casual Trading Area or Fun Fair Area as appropriate having removed all goods, commodities, Stalls, Vehicles and other equipment within the time specified by the Casual Trading Licence or Fun Fair Licence held by such person as appropriate.ACasual Trader or the operator of a Fun Fair shall cause all refuse in the immediate vicinity of the Trading Space or Fun Fair Area as appropriate to be placed in suitable receptacles provided by such person (and to be kept at all times within the allotted Trading Space or Fun Fair Area as appropriate) and will dispose of same upon cessation of the licensed activity.For the avoidance of doubt such persons shall clear any litter from products sold by them which has been left in the immediate vicinity (not exceeding 100 metres in distance from the Trading Space or Fun Fair Area allocated to such person as appropriate) of such Casual Trading Area or Fun Fair Area and shall at all times comply with all any enactments (including without prejudice to the generality of the foregoing Section 15 of the Litter Act 1997) then in being relating to the disposal of litter.

28.A Casual Trader and the operator of a Fun Fair shall cause all Stalls, Vehicles and equipment used in connection with licensed activities to be kept clean and hygienic and without prejudice to the generality of the foregoing shall cause same to be cleansed immediately before, as often as may be necessary during and after the cessation of trading or operations in each day.

29.Any vehicle associated with Casual Trading shall be parked wholly within the Trading Space allotted to such Casual Trader and any vehicle, equipment or machinery associated with the operation of a Fun Fair shall beparked wholly within the Fun Fair Area.

30.The Authority shall not be held responsible for any property belonging to any person whatsoever deposited or left in any part of the Casual Trading Area or Fun Fair Area nor for any loss, damage or injury caused by the negligence, breach of Licence, breach of duty or breach of Statutory Duty of any Casual Trader or operator of a Fun Fair or the servants, agents or customers of such persons.

31.Any food stuffs, whether or not prepared at the Casual Trading Area or Fun Fair Area or elsewhere shall be handled, prepared, stored, displayed, kept and sold in a manner which is in compliance with the requirements of the Food Safety Authority of Ireland Act 1998 any Regulations made pursuant to the said Act or other Regulations pertaining thereto and in accordance with any requirements of an Authorised Officer of the Food Safety Authority of Ireland.

32.The granting of a Casual Trading Licence to a Casual Trader in respect of a Trading Space or of a Fun Fair Licence to the operator of a Fun Fair in respect of a Fun Fair Area shall not confer any proprietary interest or other rights on such person in respect of such Trading Space or Fun Fair Area and such persons shall not have any automatic right to procure a renewal of such Licence upon the expiry thereof.

33.ACasual Trader shall remove his vehicle or stall and goods from the Trading Space allocated to such a Casual Trader within one hour of cessation of Casual Trading or as specified in the Casual Trading Licence.

34.A person operating a Fun Fair shall remove all vehicles, stalls, goods, equipment and machinery from the Fun Fair Area within a reasonable period of cessation of the Fun Fair as specified in the Fun Fair Licence and not longer than 24 hours after cessation of such operation.

35.No Casual Trader or operator of a Fun Fair or any other person shall interfere with or obstruct any Officer, servant or agent of the Authority, Cork County Council, Bord Gais, ESB, Cork Multi-Channel,Eircom or any other provider of public utilities engaged in the carrying out of such work or services in a Casual Trading Area or Fun Fair Area notwithstanding that such works or services may be carried out during the hours in respect of which the holder of a Licence issued under these Bye-Laws would have been entitled to engage in Casual Trading or to operate a Fun Fair.Any interruption of the activities of such Casual Trader or operator of a Fun Fair shall not give rise to an action for damages against the Authority notwithstanding that same may have resulted in the interruption of trading or operations by the holder of such Licence.

36.The Authority reserves the right to change and alter the internal layout of the Trading Spaces within the Casual Trading Area at any time.

37.No person shall park a Vehicle in a Trading Space or Fun Fair Area during the hours designated by the Authority for the carrying on of licensed activities thereon save the Casual Trader or operator of a Fun Fair to whom the Trading Space or Fun Fair Area has been allocated at that time.Notwithstanding same the Authority shall not be under any obligation to keep a Trading Space or Fun Fair Area vacant for use by the person to whom a Licence has issued under these Bye-Laws.

38.In the event that the operator of a Fun Fair engages in Casual Trading as ancillary to such operations, such a person shall be entitled to apply for and obtain a Casual Trading Licence for the purpose of such ancillary Casual Trading in the Fun Fair Area subject to his complying with any conditions contained in such Casual Trading Licence and further subject to such Casual Trading Licence expiring contemporaneously with the expiry of the Fun Fair Licence.

39.The Authority shall have power to appoint Authorised Persons pursuant to the 1995 Act and 2001 Act.

Transitional Arrangements

40.The Cobh (Casual Trading and Fun Fair) Licensing Bye-Laws 1998 are hereby repealed.

41.Save as set out at paragraph 42 herein, any unexpired Casual Trading Licence, Mobile Trading Licence or Fun Fair Licence issued pursuant to the Cobh (Casual Trading and Fun Fair) Licensing Bye-Laws 1998 shall remain in full force and effect for the residue of the term of such Licence as set out therein.

42.Any Casual Trading Licence or Fun Fair Licence issued pursuant to the Cobh (Casual Trading and Fun Fair) Licensing Bye-Laws 1998 in respect of a Trading Space or Fun Fair Area which is designated as an “Appointed Stand” pursuant to the Cobh Taxi-Metre Area (Appointed Stands) Bye-Laws 2004 (herein called a “cancelled licence”) shall expire as and from the commencement of these Bye-Laws.The holder of a cancelled licence in respect of such Trading Space or Fun Fair Area shall, at the discretion of the Authority:-

a.Be paid a pro-rata refund of the licence fee paid by such person in the proportion which the period by which the licence was cut short bears to the term of the cancelled licence or

b.Be issued with a new Casual Trading Licence or Fun Fair Licence as appropriate issued pursuant to these Bye-Laws without charge in an alternative Trading Space or Fun Fair Area as appropriate to be designated by the Authority for the unexpired residue of the cancelled licence.

Farmer’s Market

43.The Authority shall be entitled to appoint a Manager(s) to oversee Casual Trading within the Farmer’s Market Area.Any Manager(s) appointed by the Authority shall automatically be deemed tobeAuthorised Persons for the purposes of these Bye-Laws.

44.A person shall not be entitled to engage in any form of Casual Trading within the Farmer’s Market Area during a Farmer’s Market other than the sale of edible foodstuffs, farm and homemade produce and flora.

45.A Casual Trading Licence issued to a Casual Trader in respect of the Farmer’s Market may issue from the Authority (acting through its Manager) at any time prior to trading but shall otherwise be in accordance with the provisions of this Bye-Law.

46.Any Manager(s) appointed by the Authority shall not be deemed to be an employee of the Authority but instead shall perform his functions under these Bye-Laws as agent of the Authority but shall not be deemed to be a commercial agent a defined by the European Union Council Directive (86/653/EEC).

47.The Authority shall be entitled to determine the agency of a Manager(s) with or without cause on foot of 24 hours notice in writing.

48.A Manager appointed by the Authority at first instance be responsible for procuring compliance with this Bye-Law by Casual Traders engaged in Casual Trading in the Farmer’s Market Area.Such Managers shall assume such obligations jointly in conjunction with the Authority and nothing herein contained shall be construed as an attempt by the Authority to exclusively delegate its obligations and entitlements under these Bye-Laws to the Manager(s) in relation to the Farmer’s Market Area.

49.The Authority (whether acting through its Manager(s)) or otherwise, shall be entitled to impose conditions in a Casual Trading Licence relating to a Farmer’s Market which differ from conditions contained in a Casual Trading Licence which does not relate to a Farmer’s Market and there shall not be any requirement ofuniformity in the conditions a Casual Trading Licence for a Farmer’s Market and other Casual Trading.

50.The Farmer’s Market shall be held on the ___ day of each week save where such day falls on the 17^th March, 25^th December, 26^th December or 1^st January in any year.

51.More than one Trading Space may be allocated to a Casual Trader within the Farmer’sMarket Area and the Authority (whether acting through its Manager(s) or otherwise) shall be able to vary the location of stalls to be erected on the Trading Spaces or re-allocate Trading Spaces from Farmer’s Market to Farmer’s Market.

Offences

52.Any person engaged inCasual Trading within the Functional Area in breach of any provision of these Bye-Laws shall be guilty of an offence.

53.Any person operating a Fun Fair in a Public Place in the Functional Area in breach of any provision of these Bye-Laws shall be guilty of an offence.

54.In a prosecution of an offence relating to Casual Trading under these Bye-Laws it shall be presumed until the contrary is shown that at the time of the Casual Trading to which the offence relates the Casual Trader was not the holder of a Casual Trading Licence or Mobile Trading Licence as appropriate for the time being in force.

55.In a prosecution of an offence relating to the operation of a Fun Fair under these Bye-Laws it shall be presumed until the contrary is shown that at the time of operation of the Fun Fair to which the offence relates the person operating the Fun Fair was not the holder of a Fun Fair Licence for the time being in force.

56.In a prosecution for an offence under these Bye-Laws relating to Casual Trading or the operation of a Fun Fair, where it is shown that a person was engaged in Casual Trading or the operation of a Fun Fair as appropriate, it shall be presumed until the contrary is shown that at the time of the Casual Trading or operation of the Fun Fair (as appropriate) to which the offence relates:-

a.That there was a Casual Trading Area or Fun Fair Area (as appropriate) in the Functional Area of the Authority.

b.That the Casual Trading or operation of a Fun Fair Area was carried on in an area that was not a Casual Trading Area or Fun Fair Area (as appropriate).

c.That the accused or if he was at the time acting as a servant or agent of another person in relation to such Casual Trading or operation ofFun Fair, that such other person was not the holder of a Casual Trading Licence, Mobile Trading Licence or Fun Fair Licence ( as appropriate) granted under these Bye-Laws.

d.Where the accused is the holder of a Mobile Trading Licence that such Casual Trading took place within the area specified in the First Schedule hereto.

57.An offence whether arising pursuant to a breach of these Bye-Laws or pursuant to a breach of the 1995 Act shall be subject to the penalties specified in Section 14 of the 1995 Act.

58.An offence in relation to the operation of aFun Fair in breach of these Bye-Laws shall be subject to the penalties specified in Section 205 of the 2001 Act.

59.Where a member of the Garda Siochana is of the opinion that a person is committing or has committed an offence under these Bye-Laws or under the 1995 Act or the 2001 Act that member may arrest such person without warrant.

60.For the avoidance of doubt the Garda Siochana shall have all powers for the purpose of the enforcement of these Bye-Laws as are granted to them pursuant to the 2001 Act and the 1995 Act.

FIRST SCHEDULE

A.A Casual Trading Area unless such Casual Trader is the owner of a CasualTrading Licence relating to such Casual Trading Area.

B.A Fun Fair Area unless such Casual Trader is also the owner of a Fun Fair Licence relating to such Fun Fair Area.

C.Pearse Square, Casement Square, Westbourne Place, East Beach, West Beach, the road and footpaths leading from Cobh Heritage Centre to Ring’s Corner and Lynch’s Quay.

D.Such other areas as may be designated from time to time by the Authority.

SECOND SCHEDULE

Fees

Application Fee for a Casual Trading Licence€254.00per year or part of a year

Application Fee for a Mobile Trading Licence€ 127.00per year or part of a year

Application Fee for each additional Trading Space

where application is made for a Casual Trading

Licence in respect of more than one Trading Space

(up to a maximum of two additional Trading Spaces)€31.74per year or part

of a year in respect of

each additional space

Application Fee for a Trading Space for a Casual

Trading Licence for a period not exceeding 1 day€12.70per day or part of a day

Application Fee for a Fun Fair Licence€30.00per day or part of a day

Given under the Common Seal of Cobh Town Council this _____ day of _______________, 2004.

____________________________________

Cathaoirleach

___________________________________

Manager

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Town Clerk