Billy Timmins (Wicklow, Fine Gael)
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Question 291: To ask the Minister for Enterprise, Trade and Employment if it is necessary for a casual trader to have a casual trading licence to operate in a town that has a market right; and if he will make a statement on the matter. [18547/06]

Micheál Martin (Cork South Central, Fianna Fail)
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Selling goods at a place, including a public road, to which the public have access as of right is governed by the Casual Trading Act 1995. Casual trading is regulated by way of by-laws issued under section 6 of the Act by local authorities.

There are exemptions to casual trading under Section 2 (2) of the Act. The following activities are exempted from regulation under the Act, (i) selling by auction, (ii) selling door to door, (iii) selling for charitable purposes and (iv) the selling of certain fruit and vegetables for a certain period during the year. The Minister can add to these exemptions nationally whereas local authorities can exempt classes of selling in their own functional areas.

In the absence of an exemption for selling pursuant to a market right made by a local authority, traders must have a licence under the Act to trade in a public place, regardless of whether that place is the subject of a market right.