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GALWAY CITY COUNCIL

CASUAL TRADING BYE-LAWS

 

Galway City Council in exercise of its powers under Section 6 of the Casual Trading Act, 1995, hereby makes the following Bye-laws for the control, regulation, supervision and administration of casual trading in its administrative area.

TITLE

These Bye-Laws shall be known as the Galway City Council Casual Trading Bye-laws 2011.

COMMENCEMENT DATE

 

These Bye-laws shall come into effect on .......day of .................2011, on which date the Bye-laws made on 28th April, 2003 shall stand revoked.

DEFINITIONS:

In these Bye-laws except where expressly stated to the contrary the following words have the meanings hereby respectively assigned to them, that is to say:

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

“The Council” means Galway City Council

“Casual Trading Area” means areas designated for casual trading under section 6 of the Act.

“Casual Trading” has the same meaning as defined in the Act but does not include the following class of trading:

The sale of Christmas trees from the public footpath (on the northern side) between Mill Street, and the junction of Bridge Street and Lombard Street, during the period from 8th December to 24th December inclusive.   This exclusion does not relieve the seller of the responsibility of complying with all requirements specified in other legislation.

“Licence” means a Casual Trading Licence granted by Galway City Council under Section 4 of the Act.

"Casual Trader/Trader/Licence holder" means any person licensed to carry out casual trading pursuant to "the Act" and these bye-laws and shall include his/her servants or agents, if authorised in writing in accordance with these bye-laws.

“Authorised Officer” means a person or persons appointed by Galway City Council under Section 10 of the Act to be an authorised officer.

“Selling” includes agreeing or offering to sell, or displaying for sale, or inviting an offer to buy, as defined in the Act.

“Event Licence” means a Casual Trading Licence granted by Galway City Council to carry out casual trading at an Event or Events specified in the Event Licence pursuant to Section 4(1)(a)(iii) of the Act.

“Trading Bay” means the space(s) or pitch(s) within a designated area, delineated by the Council with paint or other marking, or measurement, on which a stall may be placed.

 

DESIGNATION OF CASUAL TRADING AREAS

1. Galway City Council hereby designates the following areas for casual trading, more particularly delineated and outlined in red on maps nos. 1-2 annexed hereto and incorporating a trading bay or bays.

 

            DESIGNATED CASUAL TRADING AREAS

            A         Eyre Square – areas outlined in red on Map 1

            B         Churchyard St., Lombard St. and Market St.  – area outlined in red on Map 2
                        (generally known as St. Nicholas Market)

• Casual Trading shall only be carried on, at the locations designated in (1) above, or at areas specified in a Licence issued in respect of a specified event or events under Section 4(1)(a)(iii) of the Casual Trading Act 1995.

 

• In the designated areas referred to in B and on Map 2 space reference shall be linear measurement from base points with ground markings, and/or in accordance with the layout of the map for these areas.

1. The Council reserves the right to change and alter the internal of the trading bays within the casual trading areas at any time, subject to consultation with the St. Nicholas Traders Committee where any such changes relate to the St. Nicholas Market.

 

CASUAL TRADING LICENCES

1. A person shall not engage in Casual Trading unless he/she holds a casual trading licence from Galway City Council that is for the time-being in force and the casual trading is in accordance with the licence. 

 

• Casual Trading shall only take place at the locations specified, and on the days and within the times specified in the Casual Trading Licence.

 

CONDITIONS OF A CASUAL TRADING LICENCE

1. A licence holder (other than the holder of a licence for a special event) shall engage in Casual Trading only within the bay(s) allocated to him/her in a designated area which bays shall be described in his/her licence and by reference to the maps of the designated areas and/or markings on the ground.

 

• A licence holder, or his/her agent, shall prominently display the number of the licence at his/her trading bay in such a position as to be clearly visible and easily legible to members of the public, and any authorised officer.

1. A licence holder, or his/her agent shall only be permitted to sell the goods which are permitted by and listed on his/her licence.

 

1. A licence holder shall only use a stall, or other like receptacle for carrying/displaying goods, which is approved by the Council.   See First Schedule for guideline specification.

• A licence holder shall not place or cause to be placed any stall, goods, articles, signage or anything whatsoever that would be in or overhanging an area, other than the space allotted, or causing an obstruction, nor shall he/she use or cause to be used any stall, the dimensions of which exceed the defined space of the allotted bay(s)

 

1. Trading shall not be conducted in a manner that is likely to cause offence to any fellow trader, authorised officer, or any member of the public.
2. Subject to 14, 15 and 16 below, no motor vehicles, vans or trailers (other than those approved by the Council, and specially designed and constructed for the purpose) shall be permitted within designated casual trading areas during trading hours. In exceptional circumstances, the City Council may permit a licence holder to place a motor vehicle or trailer within the space allocated to him/her, where the licence holder is a traditional established trader and who has previously utilised a vehicle while engaging in casual trading.

 

• Before the commencement of trading, traders may park a vehicle in a casual trading area for a period not exceeding 60 minutes for the purpose of unloading stalls, goods, produce etc. there from unto the trading bay(s) specified in the casual trading licence.
• After trading hours, traders may park a vehicle in a casual trading area for a period not exceeding 60 minutes for the purpose of unloading stalls, goods, and produce etc. from the trading bay(s) specified in the casual trading licence to the vehicle.

 

1. All stalls, goods produce etc. shall be removed from casual trading area not later than 60 minutes after the expiration of trading hours, at which time the Council may remove them and the trader shall be liable for the cost of removal.
2. With the exception of 14 above, a non-trader or trader who parks a vehicle in a casual trading area during casual trading hours shall be guilty of an offence under these Bye-laws.

 

• A licence holder, or any person engaged in casual trading shall not cause or do any act or thing which interferes with the free flow of traffic, including pedestrian traffic, or which would create a traffic or safety hazard.

1. Each licence holder shall ensure that no obstruction is caused, or allowed to be caused, to the owners/proprietors of premises, and their invitees in an area where casual trading is permitted.

 

1. Licence holders shall not use a loudspeaker or other public address or amplification system or otherwise cause any nuisance or disturbance.
2. Licence holders shall not be permitted to use loud generators, and any such use will be subject to prior approval by the Council.

 

1. Licence holders trading in foodstuffs must comply with the requirements of the Environmental Health Officer in relation to the statutory control of food.
2. A casual trading licence may not be rented or sold by the holder to any other person, and any trader found in breach of this condition, shall have his/her licence revoked.

 

Casual Trading Licence Applications

 

1. An application for a Casual Trading Licence shall be made in the prescribed application form and shall be lodged, together with the appropriate fee as set out in these Bye-laws, with the Environment Section of Galway City Council.
2. An application may be made for more than one (1m) trading bay in the designated casual trading areas outlined in map no 2.

 

1. In dealing with applications for new first licences, preference as far as possible will be given to traders who have no other trade, employment or business, who are directly involved in the production process, and who attend the stall.

           

            Preferred applications will include:

(i) Locally or regionally produced food products that are grown, produced, caught, brewed, pickled,                        baked, smoked or processed by the licence holder, and are of exceptional quality; or

• Locally or regionally produced arts and craft goods, manufactured by the licence holder, and are of exceptional quality;  and

Considered applications will include:

• Other products or goods, which by their nature, novelty/uniqueness/attractiveness/high quality - are considered to have the potential to add to the overall attractiveness and diversity of the market.
1. Applications that will not be considered include goods, which contradict the existing character of the market or adversely affect the diversity and variety that exists within the market.

 

1. Applications for the St. Nicholas Christmas Market and St. Nicholas Arts Festival market will be dealt with in accordance with the criteria outlined in Second Schedule.

 

ALLOCATION OF SPACE WITHIN CASUAL TRADING AREA

1. The allocation of vacant space in the St. Nicholas Market shall be made in accordance with the following procedure, in consultation with the St. Nicholas Market Committee, and in the following sequence:

           
            Traders seeking Additional Space

• A waiting list for existing licensed traders, who consistently trade, seeking additional space, where congestion is making working conditions particularly difficult or where their pitches are of an uneconomic size, if such space becomes available in their section;

Traders Requesting a Move

• a waiting list for existing licensed traders, who consistently trade, requesting to move to new pitches if suitable pitches become available;

New Applicants

• a waiting list for new applicants to be established, based on the attractiveness and quality of the proposed product and as determined by the City Council, in consultation with the St. Nicholas Market Committee. It is desirable that there be a mix of good quality goods on offer, and an over-concentration of similar items shall be avoided.
  • Due recognition will be given to traditional traders in the allocation of casual trading bays, and in particular to persons who can satisfactorily support their claim to be established traders.  

 

• The allocation of a particular trading bay(s) to a Licence holder, shall not confer any tenancy or any other rights, other than the rights conferred by the licence.
• The final decision with regard to the granting of a licence, the allocation of additional space, or the movement within the casual trading area shall rest with the City Council.

 

FEES AND TIMES OF TRADING

1. The fees for casual trading licences and times of trading shall be as follows:

 

 

 

USE OF TRADING PLACE

1. The Council may at its discretion decide that a licence holder has lost his/her claim to a trading bay(s) for the remainder of the year and/or their claim to a licence for future years, if he/she has not taken up their trading bay(s) for the following number of markets:

 

           

 

The above does not apply to those traders with seasonal produce.   

1. The licence holder will be given the opportunity to explain their absence prior to their space being reallocated.

 

• The Council or Authorised Officer may, at its discretion, permit a trading bay(s) allocated by a licence, to be temporarily used, during the designated trading times, by another licensed trader when not in use by the trader to whom it was originally allocated.

 

SURRENDER OF LICENCE

1. A licence holder may surrender his/her licence to the City Council at any time prior to the expiry of the licence period.   A person who surrenders a licence may obtain a refund of that portion of the licence fee equivalent to the unexpired term of the licence, subject to a maximum refund of 50% of the total fee.    Where a licence has been surrendered, the City Council may issue a new licence for the unexpired term of the surrendered licence.

 

 

CASUAL ONE-DAY LICENCE

1. The Council or Authorised Officer may permit any trading bay(s), which has already been allocated by a licence, to be temporarily used by another licenced trader, when not in actual use by the casual trader to whom it was allocated, or where it has not been occupied by 9.30.a.m.  In such case the original trader has lost his/her space for that day, unless the trader has notified in advance of his/her late arrival. This provision shall apply to the St. Nicholas Saturday market only.

 

1. The trader using the space temporarily must be either an existing licenced trader or have purchased a casual one-day licence in advance at the Council Offices during normal office hours, Monday – Friday.   The fee for such licence shall be €10.   This provision shall apply to the St. Nicholas Saturday market only. The commencement, and operation of the casual one-day licence system shall be as set out by the City Council, following consultation with the St. Nicholas Market Committee.

 

Special Event Licences

1. A casual trading licence may be issued to a person carrying on casual trading at an event, or events specified in the casual trading 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 in which the event takes place.   Such licence will prescribe the location for trading and will be subject to the regulations and conditions as specified by the City Council. The City Council shall determine the extent of casual trading at any event or events.

 

LITTER

• A licence holder shall provide at his/her own expense a suitable receptacle that meets the requirements of Galway City Council for the disposal of litter/waste and shall keep the trading place clean and tidy during and at the end of each day’s trading. In particular, each trader who sells food for drink for immediate consumption shall comply with Section 15 of the Litter Pollution At 1997 in that suitable waste receptacles shall be provided to prevent the creation of litter.

 

NECESSARY WORKS

1. No trader or any other person shall interfere with or obstruct any officer, servant or agent of Galway City Council, or any other provider of public utilities engaged in the carrying out of any works of maintenance or improvement in any part of the Designated Areas, even when such work is carried out during trading hours.  The City Council reserves the right to prohibit casual trading on any trading day, or part thereof, in the event that exceptional circumstances arise which necessitate such prohibition.  The Council will notify any affected licence holders in advance of any such prohibition taking effect.

 

OBLIGATION TO OBEY DIRECTIONS

1. While occupying a trading bay(s) a licence holder must obey all lawful requests of an Authorised Officer or a member of the Garda Siochana.

 

OFFENCES

1. A person who contravenes a Bye-law shall be guilty of an offence. A person guilty of an offence under the Act or these Bye-laws shall be liable to the fines set out in Section 14 of the Act.

 

REPEAL OF BYE-LAWS

1. From and after the date of confirmation of the Bye-laws, the Galway City Council Bye-laws relating to Casual Trading made on 28th April 2003 shall be repealed.

 

 

 

FIRST SCHEDULE

 

SPECIFICATION OF CASUAL TRADING STALLS/STRUCTURES

• It is the objective of the City Council that all stalls must be of the highest quality, properly maintained and presented.
• The maximum height of a stall or any part thereof including signage shall not exceed 2 metres.
• If stalls are covered, the material covering the stalls must be clean and not torn and tightly secured to the frame.  
• Wheels or tow-bars shall not be exposed.

 

 

SECOND SCHEDULE

 

SELECTION CRITERIA FOR ST NICHOLAS CHRISTMAS MARKET & ARTS FESTIVAL MARKET LICENCES

• Licences will be awarded based on the current available space within the casual trading area, as defined on Map 2.
• The maximum size of trading pitch at the Christmas Market or the Arts Festival Market shall be 4m.
• Preference in the first instance will be given to existing Saturday/Sunday licence holders, or former Saturday/Sunday licence holders in the detemination of licence applications for the Christmas Market and the Arts Festival Market.
• In the event that the Arts Festival Market or the Christmas Market is oversubscribed, i.e. where the number of applications exceeds the number of pitches available, preference will be given to traders who have a record of consistent trading. Any remaining allocations will be made on a lottery basis as follows:
• Applications will be divided into the trading categories outlined in item (6) below.
• Trading categories will include:
• Locally or regionally produced food products that are grown, produced, caught, brewed, pickled, baked, smoked or processed by the licence holder, and are of exceptional quality.
• Locally or regionally produced arts and craft goods, manufactured by the licence holder, and are of exceptional quality.
• Other products or goods, which by their nature, novelty/uniqueness/attractiveness/high quality are considered to add to the overall attractiveness and diversity of the market.
• Applications will be drawn from the categories, proportional to the representation of the category in the market, to be determined based on the applications received.
• Allocation of pitch location will be based in the first instance on the allocated pitch location under the Saturday and Sunday licences, with first priority given to Sunday licence holders.
• Notwithstanding the above provisions, five (5) pitches, 2m in size, will be reserved for new entrants to the market, to be allocated at the discretion of the City Council, in accordance with the requirements for new entrants and the provisions of these byelaws. In the event that no new applications or less than five (5) applications are received, the balance of pitches will be allocated by the lottery system outlined above.