Sandra McLellan (Cork East, Sinn Fein)
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377. To ask the Minister for Jobs, Enterprise and Innovation the application process for casual trading permits; if a person is awarded a licence, the length of time it is valid; if it has to be re-advertised annually; if the licences are open to competition; and if he will make a statement on the matter. [33945/14]

Richard Bruton (Dublin North Central, Fine Gael)
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The selling of goods in public places is governed by the Casual Trading Act, 1995. Under this legislation the regulation of selling goods in public places is devolved to the 88 local authorities entitled to make bye laws under the Act. Any person selling goods in a public place covered by local authority bye laws must be the holder of a casual trading licence issued by the local authority.

Directive 2006/123/EC [“the Services Directive”] on services in the internal market was transposed into Irish law by way of S. I. No. 533 of 2010, European Communities (Provision of Services) Regulations 2010 and S. I. No. 555, European Communities (Court Orders for the Protection of Consumer Interests) Regulations, 2010. The Directive is not concerned specifically with casual trading but with the provision of services in general. The service in this context is the regulation of casual trading by local authorities which results in the provision of casual trading licences to traders to sell goods in public places.

On the 17 December 2009 my Department issued a detailed Notice to all 88 local authorities entitled to make bye laws under the Casual Trading Act, 1995 outlining the obligations arising for them under the Services Directive. This Notice was drawn up in my Department following consultations with the Office of the Attorney General. Arising from this Notice a number of issues emerged in respect of the local authorities’ obligations under the Services Directive, including the validity period for licences and aspects surrounding the application process. My Department is engaging with the Office of the Attorney General in an attempt to resolve these issues. When these issues have been clarified, my Department will write to all 88 local authorities informing them of the position.