Cork City Casual Trading Bye-Laws 2023, made under The Casual Trading Act, 1995 as amended and all other enabling statutory powers

LONG TITLE: Cork City Council (hereinafter referred to as ‘The Council’) in exercise of the powers
conferred on them by the Casual Trading Act 1995, as amended and all other enabling statutory
powers hereby make the following Bye-Laws for the control and designation of casual trading in the
administrative area of Cork City.

SHORT TITLE: These Bye-Laws may be cited as the Cork City Casual Trading Bye-Laws 2023.

AREA OF APPLICATION: These Bye-Laws apply to the functional area of Cork City Council.
COMMENCEMENT DATE: These Bye-Laws shall come into effect on 1st March 2024.
REVOCATION: “All previous Cork City Council/Cork Corporation Casual Trading Bye-Laws are hereby revoked as and from the commencement date of the 1st March 2024.

INTERPRETATION: In these Bye-Laws the following words or phrases shall have the following meanings:
“the Act” Means the Casual Trading Act, 1995, as amended.
“Designated Area” Means an area designated in these Bye-Laws made under Section 6 of the Act as an area where Casual Trading may be carried out and as marked in red on the attached maps and listed in Part III hereto.
“Licence” Means a casual trading licence issued under Section 4 of the Casual Trading Act 1995 and for the time being in force.
“Casual Trading” Means selling goods at a place (including a public road) to which the public have access as of right or any other place that is a casual trading area as defined by the Act.
“Event Trading” Means Licenced casual trading at an event or events specified in the licence or at or in the immediate vicinity of the place where and on the day or days on which the event takes place.
“Trading Space or Bay” Means each individual area numbered on the schedule map attached hereto
“Licence Holder” Means a person to whom a licence has been issued or the licence holder’s servant or agent acting on the licence holder’s behalf.
“Authorised Officer” Means an employee of Cork City Council or other person appointed by Cork City Council, in writing, for the purposes of the Act.

1. CASUAL TRADING AREA:
(i) The Council hereby designates those lands, more particularly delineated on the maps contained at Part III attached hereto, as Casual Trading Areas, for the purposes of the Act.
(ii) Each Casual Trading Area will comprise a specific no. of casual trading spaces / bays and each such space is individually identified and numbered as shown on the maps in Part III attached hereto. The location and number of individual stalls is provided for indicative purposes only and may be changed from time to time by Cork City Council.
(iii) A Licence Holder shall engage in casual trading only within the space allocated to the licence holder in a designated casual trading area, which space shall be identified by means of a description in the licence holders’ licence and delineated and numbered as shown on the maps in Part III. The location and number of any allocated stall may be changed from time to time by Cork City Council.
(iv) Trading shall only take place at the times and on the days specified in Part II, attached hereto and as may be amended from time to time by Cork City Council.
(v) A trading place may be temporarily or permanently relocated by Cork City Council to facilitate construction/development/maintenance of a roadway, footpath or other infrastructure or on adjoining sites or for other operational reasons. As appropriate, alternative trading places within a reasonable vicinity of the designated area may be
assigned by the local authority to existing licence holders, subject to availability.

2. LICENCE:
(i) A person(s) shall not engage in casual trading unless s/he, or the servant or agent of such persons as agreed in writing by the Council holds a Casual Trading Licence that is for the time being in force and the casual trading is in accordance with the Licence.
(ii) A casual trading Licence shall only be issued by, and at the discretion of, Cork City Council.
(iii) An applicant for a licence must pay the appropriate fee. The Schedule of fees for designated trading areas and event Licences, are made under the Casual Trading Act 1995 and set out at Part IV attached hereto.
(iv) Each Licence shall indicate the type of goods that may be sold and only such goods as are shown on the licence, may be sold by the licence holder.
(v) A Casual Trading Licence may not be exchanged, rented, sold or otherwise assigned by the holder. Licences are not transferable, but consideration may be given in exceptional circumstances (i.e. in the event of either death or long-term illness of the licence holder) to the transfer of a licence of a Casual Trading pitch to an agent/assistant/family
member. Any assignment to a third party requires the prior written consent of the Council
(vi) A Licence may be issued for a period of up to, but not exceeding 12 months. Such licence is renewable subject to the licence holder’s continued compliance with the conditions subject to which the licence was granted.
(vii) An application for a Licence must be made in the prescribed form, as set out and advertised by Cork City Council from time to time.
(viii) A licence holder shall prominently display the number of the licence at the licence holders trading place in such a position as to be clearly visible and easily legible to members of the public at all times during trading hours.

3. EXEMPTIONS
Pursuant to Section 2 of the Act, casual trading does not include:-
(I) Selling by auction (other than by Dutch auction) by the holder of a licence or permit for the time being in force under the Auctioneers and House Agents Acts, 1947 to 1973.
(II) Selling to a person at the place where he resides or carries on business
(III) Selling in respect of which it 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, and
b. That no remuneration, emolument, gain or profit will accrue to the seller or his servants or agents therefrom.
(IV) Selling, during the period 1 May to 30 September in any year, by –
a. The grower (within the meaning assigned to that expression by the Casual Trading Act 1995 (section 2(3)) Regulations 2004, or
b. Subject to the condition specified in relation to this subparagraph by those Regulations being satisfied, a servant or agent of the grower,
c. of one or more of the following fruits and vegetables, namely –
i. Strawberries, raspberries, blueberries, gooseberries, blackberries,
loganberries, tayberries and currants, And
ii. Potatoes having loose skins and which have been harvested prior to
maturity.

4. TRADING SPACE/BAY:
(i) A casual trading licence shall issue only in respect of a specific trading space or bay and any person engaging in Casual Trading shall do so only within the confines of the specific space or spaces to which the licence relates. The location and number of any allocated stall may be changed from time to time by Cork City Council.
(ii) Each trading space / bay shall not exceed 4.5m in length and 4.5m in depth. The Council may consider applications for larger trading spaces where the casual trader’s trading need is such as to require a greater space. Further or in the alternative the Council may permit a casual trader to occupy two adjoining trading spaces.
(iii) Stalls must be of the highest quality, properly maintained and presented and suitably equipped for the goods being sold. Each stall not exceed 4.5m in length and 4.5m in depth. The Council may consider applications for larger stalls where the casual trader’s trading need is such as to require a greater stall size. Further or in the alternative the Council may permit a casual trader to occupy two adjoining stalls.
(iv) Stalls used for selling/displaying goods must be approved by an Authorised Officer of Cork City Council and shall be removed at the end of each day’s trading. Cork City Council may remove any stall found in a trading place outside of trading hours.
(v) The issuing of licences for a trading place may be temporarily suspended by Cork City Council in order to facilitate construction/development/maintenance of a roadway, footpath or other infrastructure or on adjoining sites or for other operational reasons.
(vi) An existing licence for a trading place may be temporarily or permanently suspended by Cork City Council to facilitate construction/development/maintenance of a roadway, footpath or other infrastructure or on adjoining sites or for other operational reasons. As appropriate, alternative trading places within a reasonable vicinity of the designated area
may be assigned by the local authority to existing licence holders following consultation, subject to availability.

5. GENERAL TERMS AND CONDITIONS OF TRADING:
(i) No goods other than those specified in the licence shall be sold.
(ii) Traders selling food for human consumption shall comply in all respects with all relevant statuary obligations such as the Food Hygiene Regulations 1950 – 1989, the European Communities (Official Control of Foodstuffs) Regulations 1998 and the European Communities (Hygiene of Foodstuffs) Regulations 2000 in respect to the preparation and sale of foodstuffs.
(iii) All food businesses must be registered with the Health Service Executive (HSE). A copy of the confirmation letter from the HSE is required to be submitted with the application.
(iv) All people engaged in Casual Trading must indemnify Cork City Council and any person using the facility/service being provided, against any liability arising out of the use of the facility/service in question. In this regard, Public Liability Insurance of €6.5m must be obtained and proof of same must be given by the applicant to Cork City Council before any licence is granted.
(v) A licence holder shall be deemed to have forfeited their licence if they have not traded at the appointed pitch pitch for more than six months without reasonable explanation to Cork City Council.
(vi) The licence holder must be present at all times where practicable. It is acceptable that the licence holder be absent during holiday periods or due to illness but this absence must be advised to the Property Section as soon as practically possible. A medical certificate is required for prolonged period of absence.
(vii) A licence holder may nominate up to three agents to assist in the operation of a designated trading stall

(viii) A licence holder must at all times be able to produce a paper trail identifying the provenance of goods clearly identifying where stock came from.
(ix) The sale of counterfeit items is strictly prohibited.
(x) All products must comply with the provisions of the General Product Safety Directive 2009/95/EC as transposed into Irish law by S.I. No. 199/2004 and if required display a “CE” mark.
(xi) All goods that are sold as “seconds” must be clearly identified as “seconds” at the point of sale.
(xii) While occupying a trading place a licence holder must obey all lawful reasonable requests of an authorised officer or a member of An Garda Síochána.
(xiii) This licence may be revoked at any time if any condition of the licence has been or is being contravened.
(xiv) The only generators which are acceptable for use should be of the diesel variety.
(xv) A person engaged in Casual Trading shall not obstruct any business, premises, footpath, public road or public right of way.
(xvi) A licence holder trading in a casual trading area shall not be permitted to use a loudspeaker or public address system and shall refrain from causing any nuisance or disturbance.
(xvii) A person engaged in Casual Trading shall not conduct trading in a manner that causes or is likely to cause offence.
(xviii) No licence holder or any other person shall interfere with or obstruct any officer, servant or agent of the Council engaged in the carrying out of any works of maintenance on any part of the casual trading area even where such work is carried out during trading hours.
(xix) The Council shall not be responsible for any property belonging to any person wherever deposited or left in any part of the casual trading area nor for any loss, damage or injury caused by the negligence of any licence holder, their agents, employers or customers.
(xx) During the days and hours of trading, no vehicles or objects shall be parked in designated Casual Trading area unless said vehicle or object is for the specific purpose of carrying on the trading to which the permit applies.

6. OTHER CONDITIONS
Waste Management
(i) The removal of waste generated at each Casual Trading Area is the responsibility of the licence Holder.
(ii) Licence holders shall ensure that all waste generated at the Casual Trading Area is disposed of appropriately and in accordance with the Waste Management Act 1996, as amended and any relevant Regulations and EU Directives.
(iii) Licence holders shall provide a minimum of a 3 bin system for their waste. Food Waste, Dry Recyclable Waste and General Waste shall all be segregated, stored and disposed of separately by the Licence Holder to an appropriate waste facility. In the case where a Licence holder uses cooking oil, waste cooking oils shall be disposed of separately by the
Licence Holder to an appropriate waste facility.
(iv) Licence Holders shall, on request by an Authorised Officer, produce evidence of method of disposal of waste generated at the Casual Trading Area.
(v) Contravention of this provision of these byelaws shall result in enforcement action being taken against the Licence Holder under the Waste Management Act 1996, as amended.
(vi) The provision or sale of any single use plastic product will be prohibited; this includes bottles, cutlery, containers, single use sachets, plates, straws, etc. Compostable or reusable alternatives must be used instead of single use plastic. The Food waste bin(s) should clearly state that the plates, cups, etc are compostable and can be placed in this bin.

Litter
(i) A Licence Holder shall provide, at his/her own expense, adequate and suitable litter receptacles, that meet the requirements of the Council, for the disposal of litter and shall keep the Casual Trading Area and vicinity clean and tidy at all times, in accordance with Section 15 of the Litter Pollution Act 1997, as amended.
(ii) Litter shall not be allowed to accumulate in the vicinity of the Casual Trading Area during authorised Casual Trading hours and at the end of each trading day, the Casual Trading Area shall be cleaned and all litter removed and shown to be properly disposed of by the Licence Holder.
(iii) Contravention of this provision of these byelaws shall result in enforcement action being taken against the Licence Holder under the Litter Pollution Act 1997, as amended

Electrical Requirements
(i) Traders shall be responsible for all electrical equipment after the main connection point supplied by Cork City Council. All equipment used by the traders shall be fit for purpose for its intended use.
(ii) The Trader’s electrical installations shall be in compliance with the National Rules of Electrical Installation I.S.10101.
(iii) Traders shall ensure that all electrical equipment to be used is CE marked, 230 Volts ± 10%, 50 Hertz. Traders shall ensure that the point of connection socket outlet is left in a safe manner with socket lid closed to ensure no ingress of water into the electrical outlet.
(iv) All portable electrical equipment used by the Traders shall be PAT tested and certified in compliance with the Electrical Wiring Regulation and the Safety, Health and Welfare at Work (General Application) Regulations, SI 299, 2007. This requires annual PAT testing of all portable equipment.
(v) If the certificate of the competent person indicates that the portable equipment tested was not, on the day of the test, safe and without risk, the trader shall ensure that the equipment is not used until it is made safe and certified.
(vi) The certification record of the PAT inspections and tests must be recorded and kept available for 5 years from the date of inspection. These must be available for inspection by an inspector of Cork City Council and access is made available by users of the equipment upon request.
(vii) Traders shall agree with Cork City Council the level of electrical supply available at the trading location/stall and shall ensure that the electrical load of their electrical equipment used is not in excess of the agreed load with Cork City Council.
(viii) Costs incurred by Cork City Council due to resetting overloaded circuit protection devices, damage to Cork City Council’s electrical equipment or electrical installation caused by excessive power loading shall be recouped from the trader responsible of causing the damage/power outage.

7. APPLYING FOR A LICENCE
(i) Where more than one trader meets the criteria for a designated area as set out at Part II, vacant pitches will be offered on a first come first served basis.
(ii) Cork City Council will endeavour to ensure a good mix of traders at each designated area.
(iii) Special consideration will be given to traders who demonstrate: -
a. They are offering healthy eating options
b. They have a track record of trading
(iv) A licence will not be granted unless all the relevant information required in the application process is supplied.
(v) The Council may refuse an application if:
a. There is no available pitch at the location requested.
b. It is not a preferred product for that Designated Area.
c. The proposed product is already available in the Designated Area.
d. The designation of the area is under review by the Council.
(vi) Licence Holders may be required to take out membership of the relevant local traders Committee as a condition of their Licence.

8. SPECIAL EVENT LICENCES
(I) Casual trading licences may be issued for special events in the city.
(II) Any trader who wishes to sell goods in the vicinity of an event to which the public have access and which has been approved as a Special Event by Cork City Council must hold a Licence.
(III) The number of Licences may be limited, due to Gardaí requirements, safety requirements and/or space restrictions.
(IV) Where the number of Licences is limited, event specific criteria will apply.
(V) Traders must apply a minimum of 30 days in advance of an event, unless otherwise specified.
(VI) All general terms and conditions of trading will apply to Special Event Licences.
(VII) Licence fees for Special Events are set out at Part IV attached hereto.

9. FESTIVAL MARKETS
(I) Cork City Council may permit the organising of specialist festival markets to take place in conjunction with festivals or events being held in the city e.g. Christmas, St Patrick’s Day, etc.
(II) The Approval of Cork City Council is required for the Market. A Festival Market organisers application form must be submitted and must include: -
a. Full list of traders
b. Event Safety Plan
c. Confirmation of Insurance
d. And any other information deemed necessary by Cork City Council
(III) The Market Organiser must submit Special Event Licence forms for each trader, as set out in Section 8 and the appropriate fees as set out at Part IV.

10. AUTHORISED OFFICER
(I) The Council shall appoint Authorised Officers for the purposes of managing and controlling its Casual Trading Areas.
(II) An Authorised Officer may:
a. enter, inspect and examine any place where s/he has reasonable cause to believe casual trading is being engaged in,
b. require any person whom s/he has reasonable cause to believe to be engaging in casual trading to produce, if it is not being displayed, a casual trading licence authorising such trading and to permit the officer or a member of the Garda Siochana to examine the licence, and if s/he fails, neglects or refuses to produce such a licence or, in a case in which it is not being displayed, to furnish to the officer their name and address and, if s/he is the servant or agent of another person, the name and address of the other person,
c. make such examination and inquiry as may be necessary to ascertain whether the provisions of this Act or of bye-laws made hereunder are being complied with,
d. require any person whom s/he has reasonable cause to believe to be engaging in casual trading in contravention of this Act to give such information as is in his/her power to give as to the ownership of any goods being sold in the course of such
trading,
e. require any person whom s/he has reasonable cause to believe to be engaging in casual trading in contravention of these Bye-laws to produce to him/her any documents, books or records relating to such trading in his power, possession or
control and give to him such information as s/he may request in relation to entries in those documents, books or records and examine, copy or take extracts from any such document, book or record.
(III) An authorised officer who proposes to perform a power or function conferred on them by paragraph 2 may request a member of the Garda Siochana to accompany them if s/he has reasonable cause to apprehend any obstruction in the execution of his duty.

PART II: CRITERIA FOR ALLOCATING STALLS

AREA CT8 & CT9 BALLINCOLLIG REGIONAL PARK
LOCATION: Ballincollig Regional Park
MAP REF. NO: CT8 & CT9
NO PITCHES: 2
PERMITTED PRODUCTS: Hot and cold, non-alcoholic drinks, baked goods and confectionary for
immediate consumption with no fast food.
TIMES OF TRADING:
In line with park opening hours

AREA CT10 DOUGLAS PARK
LOCATION: Douglas Park,
MAP REF. NO: CT10
NO PITCHES: 1
PERMITTED PRODUCTS: Hot and cold, non-alcoholic drinks, baked goods and confectionary for
immediate consumption with no fast food.
TIMES OF TRADING:
In line with park opening hours

AREA CT7 MURPHYS FARM
LOCATION: Murphys Farm Park
MAP REF. NO: CT7
NO PITCHES: 1
PERMITTED PRODUCTS: Hot and cold, non-alcoholic drinks, baked goods and confectionary for
immediate consumption with no fast food.
TIMES OF TRADING:
In line with park opening hours

AREA CT4 FITZGERALD PARK
LOCATION: Ferry Walk at Fitzgerald Park
MAP REF. NO: CT4
NO PITCHES: 1
PERMITTED PRODUCTS: Hot and cold, non-alcoholic drinks, plus ice cream.
TIMES OF TRADING:
In line with park opening hours

AREA CT3 HARTY’S QUAY CAR PARK
LOCATION: Hartys Quay car Park
MAP REF. NO: CT3
NO PITCHES: 1
PERMITTED PRODUCTS: Hot and cold, non-alcoholic drinks, fresh food, baked goods and
confectionary for immediate consumption with no fast food.
TIMES OF TRADING:
9am until 6pm Saturday, Sunday and Bank Holidays all year round.

AREA CT5 CLOGHEENMILCON WALKWAY
LOCATION: Clogheenmilcon Walkway, Blarney
MAP REF. NO: CT5
NO PITCHES: 1
PERMITTED PRODUCTS: Hot and cold, non-alcoholic drinks, fresh food, baked goods and
confectionary for immediate consumption with no fast food.
TIMES OF TRADING:
9am until 6pm every day

AREA CT6 HARLEY STREET
LOCATION: Harley Street pedestrian area
MAP REF. NO: CT6
NO PITCHES: 3
PERMITTED PRODUCTS:
- Locally prepared or produced food and drinks which are of high quality.
TIMES OF TRADING:
12 noon until 9pm Thursday to Sunday, all year round.

AREA CT11 THE MARINA
LOCATION: The Marina, Blackrock
MAP REF. NO: CT11
NO PITCHES: 1
PERMITTED PRODUCTS: Hot and cold, non-alcoholic drinks, fresh food, baked goods and
confectionary for immediate consumption with no fast food.
TIMES OF TRADING:
9am until 6pm every day

AREA CT2 BLACKROCK MARKET
LOCATION: Blackrock Pier
MAP REF No: CT2
NO PITCHES: 20
PERMITTED PRODUCTS:
• Locally produced foods that are grown, reared, caught, produced or processed by
the stallholder and are of high quality
• Primary produce such as meat, veg, fruit, cheese.
• Locally produced arts and crafts which are of high quality
• Other products which are considered to be beneficial to the mix of traders in the
market
TIMES OF TRADING:
Sundays and Bank Holidays all year round, plus other days as approved by Cork City Council from
time to time.

AREA CT1 CORNMARKET STREET/KYLE STREET
LOCATION: Cornmarket Street/Kyle Street
MAP REF No: CT1
NO PITCHES: 36
PERMITTED PRODUCTS:
• Locally produced foods that are grown, reared, caught, produced or processed by
the stallholder and are of high quality
• Primary produce such as meat, veg, fruit, cheese.
• Locally produced arts and crafts which are of high quality
• Other products which are considered to be beneficial to the mix of traders in the
market
• Traditional traders to be permitted to continue existing produce permissions.
TIMES OF TRADING:
Saturdays all year round, plus other days as approved by Cork City Council from time to time.
Designated traditional traders are permitted to trade every day

PART III: DESIGNATED CASUAL TRADING AREAS

Part-III-Designated-Casual-Trading-Areas.pdf (size 2.4 MB)

PART IV: SCHEDULE OF FEES
(I) The Licence Fee for a standard, single stall in the CORNMARKET STREET/KYLE STREET Casual Trading Area shall be €600 per annum.
(II) The Licence Fee for a standard, single stall in the BLACKROCK MARKET Casual Trading Area shall be €600 per annum.
(III) The standard fee for a Casual Trading licence at HARLEY STREET Casual Trading Area shall be €1600 per annum.
(IV) The standard fee for a Casual Trading licence at CLOGHEENMILCON WALKWAY Casual Trading Area shall be €1600 per annum.
(V) The standard fee for a Casual Trading licence at HARTY’S QUAY CAR PARK Casual Trading Area shall be €1600 per annum.
(VI) The standard fee for a Casual Trading licence at THE MARINA Casual Trading Area shall be €1600 per annum.
(VII) The standard fee for a Casual Trading licence at FITZGERALD PARK Casual Trading Area shall be €2800 per annum.
(VIII) The standard fee for a Casual Trading licence at MURPHYS FARM Casual Trading Area shall be €1600 per annum.
(IX) The standard fee for a Casual Trading licence at DOUGLAS PARK Casual Trading Area shall be €2800 per annum.
(X) The standard fee for a Casual Trading licence at BALLINCOLLIG REGIONAL PARK Casual Trading Area shall be €2800 per annum.
(XI) An additional fee where electricity is included shall be charged at €290 per annum.
(XII) An applicant for a Casual Trading Licence to trade at a Special Event under Section 8 of these Bye-Laws shall pay a licence fee of

a. €50 per day, out of hand trading (i.e. on foot with no stall or table)
b. €145 per day, Stall Holder (including small vehicles such as coffee trailers)
c. €220 per day, Vehicle Trader (such as fast-food vans, ice cream van)
(XIII) An applicant for a Casual Trading Licence under Section 9 of these Bye-Laws and submitted as part of a Festival Market application shall pay a licence fee of
a. €25 per day, out of hand as well as craft and raw produce stalls etc..
b. €75 per day, Stall Holder (including small vehicles such as coffee trailers)
c. €125 per day, hot food vehicle trader (such as fast food vans, ice cream van)
(XIV) The Council may, at its discretion, revise the fees from time to time, by Executive Order.

These Bye-Laws shall come into effect on the 1 st March 2024.