Casual Trading Bye Laws and regulation:
“Casual Trading” means selling goods on the public road or at a place where the public has access as of right and any other place that is a designated casual trading area, such as a market square or public street. Casual trading in the County Kildare is regulated by Casual Trading Bye-laws. Under these bye laws a casual trading licence is a requirement to sell goods on the public road. A person who contravenes any of the Bye-laws shall be guilty of an offence and be liable to penalties as specified in Section 14 of the Casual Trading Act 1995 (as amended).
The acceptance of any licence application does not guarantee the granting of a licence. The Council assess applications on the basis of its Casual Trading Selection Policy.
Traders in foodstuffs must be registered with the Health Services Executive and comply with the requirements of the local HSE Environmental Health Office. All traders must carry their own Public, Product and Employers Liability Insurance. Where licences are granted, the Council is obliged to provide each trader’s name, address and PPS No to the Minister for Social Protection and the Revenue Commissioners. An Garda Síochána are authorised to enter, inspect and examine any place where they have reasonable cause to believe that casual trading is ongoing.
Before making an application, applicants are strongly advised to:
- Visit locations they propose to apply to trade in
- Consult the relevant Casual Trading Bye Laws, see the applicable Bye Laws based on the area .
- Consult the Casual Trading Selection Policy
- Consult representative or advisory bodies such as the IOMST or MAST, particularly if new to casual trading
- Consider advice from other bodies such as Bord Bia, if trading in foodstuffs
- Contact the Council with queries
Applicable Fee: Based on the size of the pitch
Size of Pitch
Up to 3m long x 3m depth
€100 annual fee for each Pitch inclusive of space for pitch vehicle, where permitted.
Between 3m long up to 6m long x 3m depth
€200 annual fee for each Pitch inclusive of space for pitch vehicle, where permitted.
Between 6m long up to 9m long x 3m depth
€300 annual fee for each Pitch inclusive of space for pitch vehicle, where permitted.
Trading on private land
If a person is interested in trading from/on private land they must consult the Planning Authority on planning requirements. An interested party may seek a pre-planning consultation to seek advice on a prospective planning application. This should not be confused with existing businesses seeking to use public space immediately outside their premises, particularly as outdoor seating areas, which is licensed under a separate process, under Section 254 of the Planning and Development Act 2000 (as amended), information here.
Exemptions from Casual Trading Licence
The following are exempt a requirement for a Casual Trading licence:
- The selling of printed matter or pious or religious objects at or in the immediate vicinity of a church or place of worship on days on which service or other religious ceremonies take place therein;
- Selling to a person at the place where he resides or carries on business.
- Selling during the period 1st May to 30th September in any year, by-The grower (within the meaning assigned to that expression by the Casual Trading Act 1995 (Section 2(3) Regulations 2004) or Subject to the condition specified in relation to this paragraph by those Regulations being satisfied, a servant or agent of the grower, of one or more of the following fruits and vegetables, namely –Strawberries, raspberries, blueberries, gooseberries, blackberries, loganberries, tayberries, currants. Potatoes having loose skins and which have been harvested prior to maturity.
Exempted traders are nonetheless required to have due regard for public safety in the placement and operation of their trading vehicle or stall and to follow lawful instructions in this regard.