Public display from Tuesday the 9th of September 2025 to Friday the 3rd of October 2025. Available on SDCC Consultation Portal from Friday the 5th of September 2025 to Friday the 3rd of October 2025.
Final date and time for receipt of submissions and observations is 4pm on Friday the 3rd of October 2025.
Background
A review of the SDCC Casual Trading Byelaws 2016 made under the Casual Trading Act, 1995 (the Act) is currently underway.
Section 6(1) of the Act provides a statutory requirement for each local authority to make byelaws in relation to the control, regulation, supervision, and administration of casual trading.
Section 6(9) of the Act provides that the making of Casual Trading Byelaws is a reserved function of the Council.
The procedure for making Casual Trading Byelaws is prescribed in Section 6 of the Act and includes a public consultation process.
The European Union (Casual Trading Act,1995) Regulations 2018 provide for amendments to the Act in the following areas which will be considered as part of the proposed review:
Selection procedures used by local authorities in issuing licences
The issue of charges and fees
The duration of casual trading licences
Elected Members and the public have the opportunity to make a formal submission in relation to the following:
Locations for Casual Trading - whether the existing trading areas are considered appropriate
Type of Goods – whether the existing goods that can currently be traded remain adequate
Trading Times – whether trading times be specified in each licence / location
Appropriate Fees - whether the current fees being charged are appropriate
Preferred Licences Whether “preferred licences” should be offered i.e. Licence issued in preference for locally/regionally produced food products or arts/crafts of exceptional quality
The South Dublin County Council Casual Trading Byelaws have been reviewed, and this document comprises Draft Replacement Casual Trading Byelaws for consultation purposes.
The Draft Byelaws will be available to view in County Hall Tallaght and Civic Centre Clondalkin. The Draft Byelaws are available on South Dublin County Council’s Consultation Portal from Friday the 5th of September until Friday the 3rd of October, both dates inclusive http://consult.sdublincoco.ie/
Submissions and observations in relation to the Draft Byelaws may be made on SDCC’s Consultation Portal or in writing to the Senior Executive Officer, Climate Action, South Dublin County Council, County Hall, Tallaght, Dublin 24.
The latest date and time for the receipt of submissions is 4.00pm on Friday the 3rd of October 2025.
PART 1.
DEFINITIONS
In these Byelaws, except where expressly stated to the contrary, the following words or phrases shall have the meanings hereby respectively given to them, that is to say:
“the Act”
means the Casual Trading Act, 1995 [number 19 of 1995]
“the 1996 Regulations”
means the Casual Trading Act, 1995 (Forms) Regulations, 1996 [S.I. No. 146 of 1996]
“the 2004 Regulations”
means the Casual Trading Act 1995 (Section 2(3)) Regulations 2004 [S.I. No. 191 of 2004]
“the 2018 Regulations”
means the European Union (Casual Trading Act 1995) Regulations 2018 [S.I. No. 308 of 2018]
“the Council”
means the County Council of the County of South Dublin.
“Authorised Officer”
means an officer of the County Council or other person appointed by the County Council for the purposes of the Act.
“Casual Trading”
means selling goods at a place (including a public road) to which the public have access as of right or at any other place that is a Casual Trading Area as defined by the Act.
Casual Trading does not include:
the selling of strawberries, raspberries, blueberries, gooseberries, blackberries, loganberries, tayberries and currants and potatoes having loose skins, and which have been harvested prior to maturity between the 1st of May and 30th of September in any year. The 2004 Regulations exempt the selling of the products listed from the provisions of the Casual Trading Acts. The exemption is only applicable to the growers of the products concerned, their servants or agents.
“Casual Trading Area”
means an area marked in red on the attached maps and listed in the First Schedule hereto, in a designated area delineated by markings at the boundary, where casual trading may be carried on. A Casual Trading Area shall not exceed the area delineated by markings.
“Event Trading”
means licensed casual trading at an event or events specified in the Licence or at/in the immediate vicinity of the place where and on the day or days on which the event takes place.
“Licence”
means a Casual Trading Licence granted under the Casual Trading Act, 1995 and for the time being in force.
“Licence Holder”
means a person to whom a Casual Trading Licence has been issued to the licence holder’s servant or agent acting on the licence holder’s behalf.
“Sell, Selling, Sale”
means agreeing or offering to sell, or displaying for sale, or inviting an offer to buy.
“Stall”
includes, in addition to its ordinary meaning, any wheeled or moveable stall, or box, barrow, cart, caravan, trailer or other vehicle or both or other stand or conveyance used for Casual Trading.
“Vehicle”
means and includes every means of conveyance, whether mechanically propelled or not, of persons, produce or any goods or article.
PART 2
REGULATION
6. CASUAL TRADING AREA
Each of the lands described in the First Schedule hereto is hereby designated as a Casual Trading Area for the purposes of the Act. The said designated areas are divided into categories marked A to E as shown in the First Schedule.
Casual Trading shall only take place in accordance with the Casual Trading Act 1995 and these Byelaws.
Casual Trading shall only take place at the locations designated for that purpose in the First Schedule and on the days and at the times specified in the Licence or for a specified event or events at such other locations as may be approved by the Council.
Casual Trading shall take place only within the space allocated to the Licence Holder, identified by means of a description in their Licence and delineated by the Council.
The allocation of a Casual Trading Area by the Council shall not confer upon the Licence Holder any tenancy or right to occupy or to transfer the said Casual Trading Area.
Servants, agents, employees and/or family members of the Licence Holder shall have no right or entitlement to succeed to a Casual Trading Area.
The Council may grant more than one Licence in respect of any one Casual Trading Area.
In general, the Council will issue a Licence for only one Casual Trading Area to any individual applicant. However, consideration may be given to applications for more than one Casual Trading Area, subject to the allocation policy for the time being in force.
7. LICENCE
No person shall engage in Casual Trading unless they hold a Licence from the Council that is for the time being in force.
A Licence shall be issued annually.
The Licence shall indicate what goods may be sold and only such goods as shown on the Licence and for which the appropriate fee has been paid may be sold by the Licence Holder.
A Licence may not be rented or sold or transferred by the Licence Holder. Any Licence Holder found in breach of this condition shall have his/her Licence revoked.
An applicant for a Licence shall complete and submit to the Council an application in the form as prescribed in the Regulations and as set out in the Third Schedule and furnish to the Council the information requested in the application form together with the appropriate fee, and together with such further information as the Council may request, and if the person refuses to comply with these provisions the Council may refuse to grant a Licence to the applicant.
The Council reserves the right to grant or refuse or revoke a Licence. The final decision regarding the granting of a Licence shall rest with the Council.
Licence Holders shall be responsible for compliance with these Bye - Laws by their servants, agents or employees.
8. LICENCE FEES
An applicant for a Licence must pay the appropriate fee for the type of goods to be sold in the category of the Casual Trading Area as shown set out in the First Schedule hereto.
Licence fees may be revised from time to time by executive order.
9. DISPLAY OF LICENCE NUMBER
A Licence Holder shall prominently display the number of their Licence in such a position as to be always clearly visible and easily legible to members of the public during trading hours.
If so requested, the licence holder shall produce the Licence to any person at that place.
10. SURRENDER OF LICENCE.
A Licence Holder may surrender their Licence to the Council prior to the expiry of the Licence period.
A Licence Holder who wishes to surrender their Licence must give a minimum of one month’s notice to the Council.
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 Licence fee. Where a Licence has been surrendered, the Council may issue a new Licence for the unexpired term of the surrendered Licence.
11. REVOKING OF LICENCE
The Council may at its discretion decide that a Licence Holder has lost their claim to a Casual Trading Area for the remainder of the year and/or their claim to a Licence for future years, if they have been found to have not engaged in Casual Trading at their Casual Trading Area for four (4) consecutive weeks. The Licence Holder will be given the opportunity to explain their absence prior to their Licence being revoked.
Before deciding to revoke a Licence, 21 days’ notice giving particulars of the breach and of the Council’s intention to revoke the Licence shall be sent to the Licence Holder.
The Council shall have regard to any written submissions made by the Licence Holder prior to deciding whether to revoke the Licence.
A Licence fee shall not be refunded in the event of a Licence being revoked.
12. STALL
A Licence Holder shall only use a stall, vehicle, trailer or other like receptacle or structure for carrying/displaying goods which is approved by an Authorised Officer of the Council and shall remove same at the end of each day’s trading.
Stalls shall be maintained in a safe condition and barriers shall be erected around all potential hazards.
No stall shall exceed 3. 5m in height, from ground level.
13. FOODSTUFFS
A Licence Holder licenced to casually trade in foodstuffs must be registered with the Health Services Executive (HSE) as a food business establishment and must comply with the requirements of the HSE Environmental Health Office and/or the Food Safety Authority of Ireland, as appropriate, in relation to the statutory control of food.
A Licence Holder, if so requested, shall produce evidence of the registration of their food business with the HSE to any person at the place of Casual Trading.
14. LITTER
A Licence Holder shall provide, at their own expense, adequate and suitable litter receptacles, that meet the requirements of the Council, for the disposal of litter and shall, at all times, keep the Casual Trading Area and vicinity clean and tidy, in accordance with Section 15 of the Litter Pollution Act 1997, as amended.
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 trading each day. The Casual Trading Area and the surrounding area up to a radius of 100m from eth Casual Trading Area, shall be cleaned and all litter removed and shown to be properly disposed of by the Licence Holder.
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.
15. WASTE MANAGEMENT
The removal of waste generated at each Casual Trading Area is the responsibility of the Licence Holder.
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.
Licence Holders shall, on request by an Authorised Officer, produce evidence of method of disposal of waste generated at the Casual Trading Area.
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.
16.OBLIGATION TO OBEY DIRECTIONS
While occupying a Casual Trading Area, a Licence Holder must obey all lawful requests of an Authorised Officer or a member of the Garda Síochána.
17. INSURANCE
A Licence Holder shall indemnify the Council against all actions, claims or demands whatsoever by any person claiming damages for personal injuries, loss or damage caused by any act, neglect or default of such Licence Holder, their servants, agents or employees in and about the carrying on of such Casual Trading in the Casual Trading Area and every such Licence Holder shall be required by the Council to have in force at all times appropriate public liability insurance, ensuring against the aforesaid risks in a sum to be specified by the Council from time to time. The interest of the Council is to be noted on the face of such insurance policy and if at any time, the said policy is allowed to lapse or is rendered void, the Council shall be at liberty to revoke the Licence of such person forthwith.
A Licence Holder shall submit a copy of the current insurance policy held by them before a Licence is granted.
18. HEALTH AND SAFETY
A Licence Holder shall submit a copy of the current Health & Safety Statement held by them before a Licence is granted.
19. ESSENTIAL WORKS
A Licence Holder shall not interfere with or obstruct any officer, servant or agent of the 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 Casual Trading Area, even when such work is carried out during authorised Casual Trading hours. The Council reserves the right to prohibit Casual Trading at any time, if exceptional circumstances arise which necessitate such prohibition. The Council will notify any affected Licence Holders in advance of such prohibition taking effect.
20. REVOCATION OF CASUAL TRADING AREA
The Council reserves the right to revoke or suspend, by executive order, the designation of a Casual Trading Area, for operational or other reasons.
21. ALTERNATIVE CASUAL TRADING AREA
An existing Licence for a Casual Trading Area may be suspended by executive order to facilitate construction/development/maintenance of a roadway, footpath, cycle track or other infrastructure or on adjoining sites or for other operational reasons. Alternative Casual Trading Areas may be assigned by the Council to existing Licence Holders following consultation, subject to availability of existing designated Casual Trading Areas or a temporary alternative Casual Trading Area designated by executive order.
22. SERVICE OF NOTICES
(1) Any notice required to be served on or given to a person under the Act or these Byelaws shall be addressed to the person concerned and given in one of the following ways:
(a) By addressing it to the person by name and delivering it to the person
(b) By leaving it at the address at which the person ordinarily resides or at an address which has been furnished by the person to the Council
(c) By sending it by post in a prepaid registered letter, addressed to the person at the address at which the person ordinarily resides or at an address which has been furnished by the person to the Council
(d) By sending it by ordinary post, addressed to the person at the address at which the person ordinarily resides or at an address which has been furnished by the person to the Council
(e) Where the address at which the person ordinarily resides cannot be ascertained by reasonable inquiry and notice is required to be given to the person in respect of any Casual Trading Area, by delivering it to a person over the age of sixteen (16) years engaged in Casual Trading at that Casual Trading Area.
(2) Where the name of the person concerned cannot be ascertained by reasonable inquiry, a notice under the Act or these Byelaws may be addressed to “the occupier” or “person in charge”.
23. OFFENCES
A person who contravenes any provision of these Bye-
Laws shall be guilty of an offence.
24. PENALTY
Every person who shall offend against any provision of these Byelaws shall be liable for every such offence on summary conviction to a fine, in accordance with Section 14 of the Act.
The Council reserves the right to revoke a Licence for contravention of these Byelaws.
25. TERMS AND CONDITIONS
Licence Holders shall ensure that no obstruction is caused or allowed to be caused to owners or occupiers of premises and their invitees in the vicinity of the Casual Trading Area.
No vehicle shall be parked in the Casual Trading Area during hours of trading unless the vehicle is associated with the Casual Trading being carried out and is parked within the Casual Trading Area described on the Licence for the time being in force.
The Council reserves the right to remove any goods, stall, vehicle, trailer or like receptacle or structure found in a Casual Trading Area outside of authorised times of Casual Trading.
The Council shall not be responsible for any property, goods or equipment of any kind deposited or left in any part of the Casual Trading Area or any loss, damage or injury arising from the actions of the Licence Holder.
No advertising sign or structure shall be placed at or in the vicinity of a Casual Trading Area or above or in the vicinity of any stall.
Casual Trading shall only take place at the Designated Casual Trading Area described, and, on the days, and at the times specified, in the Licence for the time being in force.
A Licence shall issue only in respect of a specific Casual Trading Area and the licence holder engaging in Casual Trading shall do so only within the confines of the specific Casual Trading Area to which the Licence relates.
No goods or articles shall overhang a stall or be deposited on the ground, except within the Casual Trading Area.
Any lighting system for the stall shall be designed to minimise potential glare and light spillage and shall be positioned and/or cowled away from vehicular and pedestrian traffic areas or adjoining residential properties.
Only approved connections for fuel or power supply shall be used.
Licence Holders shall not use a loudspeaker or other public address or amplification system at or in the vicinity of the Casual Trading Area.
Subject to Conditions 25(13), 25(14) and 25(15) 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.
Before the commencement of casual trading, Licence Holders may park a vehicle in a Casual Trading Area for a period not exceeding 60 minutes for the sole purpose of unloading stalls, goods, produce and/or equipment from the vehicle to the stall.
Licence Holders may park a vehicle in a Casual Trading Area for a period not exceeding 60 minutes after the expiration of the authorised Casual Trading hours, for the sole purpose of unloading stalls, goods, produce and/or equipment from the stall specified in the Licence to the vehicle.
All stalls, goods, produce and/or equipment shall be removed from the Casual Trading Area no later than 60 minutes after the expiration of the authorised Casual Trading hours, at which time the Council may remove them, and the Licence Holder shall be liable for the cost of removal.
Except for Conditions 25(13), 25(14) and 25(15) above, a Licence Holder or any other person who parks a vehicle in a Casual Trading Area during authorised Casual Trading hours shall be guilty of an offence under these Byelaws.
Trading shall not be conducted in a manner that is likely to cause offence to any fellow Licence Holder, Authorised Officer, or any member of the public.
Only the licence holder their servants, agents or employees shall engage in Casual Trading at the location specified in the licence.
No goods other than those specified in the licence shall be sold.
A licence holder must always be able to produce a paper trail identifying the provenance of goods clearly identifying where stock came from.
The sale of counterfeit items is strictly prohibited.
All goods that are sold as “seconds” must be clearly identified as “seconds” at the point of sale. This licence may be revoked at any time if any condition of the licence has been or is being contravened.
A person engaged in Casual Trading shall not obstruct any business, premises, footpath, public road, or public right of way.
26. APPLICATION PROCESS
Incomplete application forms shall be invalidated and returned to applicant.
The acceptance of an application form by the Council does not guarantee the granting of a Licence.
Casual Trading Licence
Applications must be accompanied by the following documentation:
• Completed Application Form in the prescribed form as set out in the Third Schedule
• 2 passport photographs of the applicant
• Proof of identity – Passport/drivers licence
• Copy of public liability insurance policy in the sum of €2.6 million
• In the case of Licences to sell food, evidence of registration with the HSE
• A photograph of the stall/unit to be used
• Valid tax clearance certificate
• Appropriate fee
Event Casual Trading Licence
All applications must be made by the organiser of the event 30 days in advance of date of event. Applications received outside of this timeframe may not be processed.
Applications must be accompanied by the following documentation:
• Completed Application Form in the prescribed form as set out in the Third Schedule
• Copy of public liability insurance policy in the sum of €2.6 million with the interest of the Council noted on the face of the policy
• Copy of Health and Safety Statement
• Copy of waste management plan
• Copy of traffic management plan, where appropriate
• Appropriate fee
27. RENEWAL PROCESS
All Casual Trading Licences are renewed in January of each calendar year. Applications for renewal of Licence are posted to Licence Holder one month prior to the expiry of the Licence.
Incomplete renewal application forms shall be invalidated and returned to applicant.
The acceptance of a renewal application form by the Council does not guarantee the granting of a Licence.
Failure to submit a valid application for renewal of Licence fourteen (14) days in advance of expiration of current Licence shall result in the revocation of the Licence. The Council reserves the right to reallocate the Casual Trading Area.
28. ALLOCATION POLICY
Favourable consideration will be given to established Licence Holders.
Vacant Casual Trading Areas will be allocated by lottery.
A licence will not be granted unless all the relevant information required in the application process is supplied.
A licence will not be granted unless the appropriate fee is paid.
The following documentation must be supplied within 30 days of receipt of offer:
Copy of public liability insurance policy in the sum of €2.6 million with the interest of the Council noted on the face of the policy
Copy of Health and Safety Statement
FIRST SCHEDULE – CURRENT DESIGNATED CASUAL TRADING AREAS
Goods
Current Fees
€
Category A – Flowers
Esker Cemetery
Flowers
500
Bohernabreena Cemetery
Flowers
500
Newcastle Cemetery
Flowers
500
Category B– Mobile Food Outlets
Western Industrial Estate
Food
760
Killinarden Ring Road
Food
760
Viewing Point at Killakee
Food
760
Category C - Markets
Fettercairn Community Centre
General
50
Farmers Markets
Category D – Car Parks within Public Parks
Tymon Park – Wellington entrance
Ice Cream/Confectionery
10,000
Tymon Park – Tymon North entrance
Ice Cream/Confectionery
5,000
Tymon Park – Limekiln entrance
Ice Cream/Confectionery
5,000
Corkagh Park – St. John’s entrance
Ice Cream/Confectionery
10,000
Corkagh Park – Camac Valley entrance
Ice Cream/Confectionery
10,000
Griffeen Valley Park
Ice Cream/Confectionery
5,000
Hermitage Park
Ice Cream/Confectionery
3,500
Tymon Park – Wellington entrance
Tea/Coffee/Confectionery
5,000
Corkagh Park - St. John’s entrance
Tea/Coffee/Confectionery
5,000
Griffeen Valley Park
Tea/Coffee/Confectionery
5,000
Category E – Seasonal Trading
Locations may be determined by executive decision by South Dublin County Council
Christmas Trees
200
Village Festivals/Summer Fetes/Christmas Fairs
50
SECOND SCHEDULE - MAPS
Location
Map No
Esker Cemetery
DTA-002
Bohernabreena Cemetery
DTA-003
Newcastle Cemetery
DTA-004
Western Industrial Estate
DTA-005
Killinarden Ring Road
DTA-006
Viewing Point at Killakee
DTA-007
Fettercairn Community Centre
DTA-008
Tymon Park – Wellington entrance
DTA-009
Tymon Park – Tymon North entrance
DTA-010
Tymon Park – Limekiln entrance
DTA-011
Corkagh Park – St. John’s entrance
DTA-013
Corkagh Park – Camac Valley entrance
DTA-012
Griffeen Valley Park
DTA-014
Hermitage Park
DTA-015
Tymon Park – Wellington entrance
DTA-009
Corkagh Park - St. John’s entrance
DTA-013
Griffeen Valley Park
DTA-014
THIRD SCHEDULE: APPLICATION FORM
Casual Trading Act, 1995
(Please read the notes overleaf before completing this form)
PLEASE COMPLETE IN BLOCK CAPITALS
1.
Name of Applicant
2.
Full Postal Address
3.
Telephone Number
Email
4.
Occupation
5. (a)
PPS number (in the case of an individual)
5. (b)
Tax Reference No. (in the case of a company)
6.
If the application is in the name of a company, the Company Registration Number, as supplied by the Companies Registration Office
7.
First date on which it is intended to engage in casual trading
8.
Description of the goods to be sold
If you were a holder of a previous Casual Trading Licence, please quote the following:
Licence Number:
Expiry Date:
To South Dublin County Council
I DECLARE –
that I have not been convicted of two or more offences under the Casual Trading Act, 1995, within three years prior to the date on which I intend to commence casual trading.
that the foregoing particulars are correct, and I enclose payment of €__________ being the fee fixed under byelaw by South Dublin County Council under Section 6 of the Casual Trading Act, 1995.
Signature
Date
Section 4(11) of the Casual Trading Act, 1995, provides that the local authority concerned shall notify the Minister for Social Protection of the name and address of a person to whom a casual trading licence was granted and the conditions of the licence and
Section 4(2A) of the Casual Trading Act, 1995 (inserted by Section 141 of the Finance Act, 1996 (No.9 of 1996)) provides that the local authority concerned shall notify the Revenue Commissioners of the name, address, and tax reference number of a person to whom a casual trading licence was granted and the conditions of the licence.
Section 13 of the Casual Trading Act, 1995, also provides that a local authority may establish and maintain the Register of Casual Trading Licences on computer. In such circumstances, personal data kept in the register is subject to the requirements of the Data Protection Act, 2018 and the General Data Protection Regulation (GDPR)
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Submissions
5 submissions have raised observations relating to this consultation.
Review of Casual Trading Byelaws
DRAFT REPLACEMENT CASUAL TRADING BYELAWS
Public display from Tuesday the 9th of September 2025 to Friday the 3rd of October 2025. Available on SDCC Consultation Portal from Friday the 5th of September 2025 to Friday the 3rd of October 2025.
Final date and time for receipt of submissions and observations is 4pm on Friday the 3rd of October 2025.
Background
A review of the SDCC Casual Trading Byelaws 2016 made under the Casual Trading Act, 1995 (the Act) is currently underway.
Section 6(1) of the Act provides a statutory requirement for each local authority to make byelaws in relation to the control, regulation, supervision, and administration of casual trading.
Section 6(9) of the Act provides that the making of Casual Trading Byelaws is a reserved function of the Council.
The procedure for making Casual Trading Byelaws is prescribed in Section 6 of the Act and includes a public consultation process.
The European Union (Casual Trading Act,1995) Regulations 2018 provide for amendments to the Act in the following areas which will be considered as part of the proposed review:
Elected Members and the public have the opportunity to make a formal submission in relation to the following:
Locations for Casual Trading - whether the existing trading areas are considered appropriate
Type of Goods – whether the existing goods that can currently be traded remain adequate
Trading Times – whether trading times be specified in each licence / location
Appropriate Fees - whether the current fees being charged are appropriate
Preferred Licences Whether “preferred licences” should be offered i.e. Licence issued in preference for locally/regionally produced food products or arts/crafts of exceptional quality
The South Dublin County Council Casual Trading Byelaws have been reviewed, and this document comprises Draft Replacement Casual Trading Byelaws for consultation purposes.
The Draft Byelaws will be available to view in County Hall Tallaght and Civic Centre Clondalkin. The Draft Byelaws are available on South Dublin County Council’s Consultation Portal from Friday the 5th of September until Friday the 3rd of October, both dates inclusive http://consult.sdublincoco.ie/
Submissions and observations in relation to the Draft Byelaws may be made on SDCC’s Consultation Portal or in writing to the Senior Executive Officer, Climate Action, South Dublin County Council, County Hall, Tallaght, Dublin 24.
The latest date and time for the receipt of submissions is 4.00pm on Friday the 3rd of October 2025.
PART 1.
DEFINITIONS
In these Byelaws, except where expressly stated to the contrary, the following words or phrases shall have the meanings hereby respectively given to them, that is to say:
“the Act”
means the Casual Trading Act, 1995 [number 19 of 1995]
“the 1996 Regulations”
means the Casual Trading Act, 1995 (Forms) Regulations, 1996 [S.I. No. 146 of 1996]
“the 2004 Regulations”
means the Casual Trading Act 1995 (Section 2(3)) Regulations 2004 [S.I. No. 191 of 2004]
“the 2018 Regulations”
means the European Union (Casual Trading Act 1995) Regulations 2018 [S.I. No. 308 of 2018]
“the Council”
means the County Council of the County of South Dublin.
“Authorised Officer”
means an officer of the County Council or other person appointed by the County Council for the purposes of the Act.
“Casual Trading”
means selling goods at a place (including a public road) to which the public have access as of right or at any other place that is a Casual Trading Area as defined by the Act.
Casual Trading does not include:
the selling of strawberries, raspberries, blueberries, gooseberries, blackberries, loganberries, tayberries and currants and potatoes having loose skins, and which have been harvested prior to maturity between the 1st of May and 30th of September in any year. The 2004 Regulations exempt the selling of the products listed from the provisions of the Casual Trading Acts. The exemption is only applicable to the growers of the products concerned, their servants or agents.
“Casual Trading Area”
means an area marked in red on the attached maps and listed in the First Schedule hereto, in a designated area delineated by markings at the boundary, where casual trading may be carried on. A Casual Trading Area shall not exceed the area delineated by markings.
“Event Trading”
means licensed casual trading at an event or events specified in the Licence or at/in the immediate vicinity of the place where and on the day or days on which the event takes place.
“Licence”
means a Casual Trading Licence granted under the Casual Trading Act, 1995 and for the time being in force.
“Licence Holder”
means a person to whom a Casual Trading Licence has been issued to the licence holder’s servant or agent acting on the licence holder’s behalf.
“Sell, Selling, Sale”
means agreeing or offering to sell, or displaying for sale, or inviting an offer to buy.
“Stall”
includes, in addition to its ordinary meaning, any wheeled or moveable stall, or box, barrow, cart, caravan, trailer or other vehicle or both or other stand or conveyance used for Casual Trading.
“Vehicle”
means and includes every means of conveyance, whether mechanically propelled or not, of persons, produce or any goods or article.
PART 2
REGULATION
6. CASUAL TRADING AREA
Each of the lands described in the First Schedule hereto is hereby designated as a Casual Trading Area for the purposes of the Act. The said designated areas are divided into categories marked A to E as shown in the First Schedule.
Casual Trading shall only take place in accordance with the Casual Trading Act 1995 and these Byelaws.
Casual Trading shall only take place at the locations designated for that purpose in the First Schedule and on the days and at the times specified in the Licence or for a specified event or events at such other locations as may be approved by the Council.
Casual Trading shall take place only within the space allocated to the Licence Holder, identified by means of a description in their Licence and delineated by the Council.
The allocation of a Casual Trading Area by the Council shall not confer upon the Licence Holder any tenancy or right to occupy or to transfer the said Casual Trading Area.
Servants, agents, employees and/or family members of the Licence Holder shall have no right or entitlement to succeed to a Casual Trading Area.
The Council may grant more than one Licence in respect of any one Casual Trading Area.
In general, the Council will issue a Licence for only one Casual Trading Area to any individual applicant. However, consideration may be given to applications for more than one Casual Trading Area, subject to the allocation policy for the time being in force.
7. LICENCE
No person shall engage in Casual Trading unless they hold a Licence from the Council that is for the time being in force.
A Licence shall be issued annually.
The Licence shall indicate what goods may be sold and only such goods as shown on the Licence and for which the appropriate fee has been paid may be sold by the Licence Holder.
A Licence may not be rented or sold or transferred by the Licence Holder. Any Licence Holder found in breach of this condition shall have his/her Licence revoked.
An applicant for a Licence shall complete and submit to the Council an application in the form as prescribed in the Regulations and as set out in the Third Schedule and furnish to the Council the information requested in the application form together with the appropriate fee, and together with such further information as the Council may request, and if the person refuses to comply with these provisions the Council may refuse to grant a Licence to the applicant.
The Council reserves the right to grant or refuse or revoke a Licence. The final decision regarding the granting of a Licence shall rest with the Council.
Licence Holders shall be responsible for compliance with these Bye - Laws by their servants, agents or employees.
8. LICENCE FEES
An applicant for a Licence must pay the appropriate fee for the type of goods to be sold in the category of the Casual Trading Area as shown set out in the First Schedule hereto.
Licence fees may be revised from time to time by executive order.
9. DISPLAY OF LICENCE NUMBER
A Licence Holder shall prominently display the number of their Licence in such a position as to be always clearly visible and easily legible to members of the public during trading hours.
If so requested, the licence holder shall produce the Licence to any person at that place.
10. SURRENDER OF LICENCE.
A Licence Holder may surrender their Licence to the Council prior to the expiry of the Licence period.
A Licence Holder who wishes to surrender their Licence must give a minimum of one month’s notice to the Council.
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 Licence fee. Where a Licence has been surrendered, the Council may issue a new Licence for the unexpired term of the surrendered Licence.
11. REVOKING OF LICENCE
The Council may at its discretion decide that a Licence Holder has lost their claim to a Casual Trading Area for the remainder of the year and/or their claim to a Licence for future years, if they have been found to have not engaged in Casual Trading at their Casual Trading Area for four (4) consecutive weeks. The Licence Holder will be given the opportunity to explain their absence prior to their Licence being revoked.
Before deciding to revoke a Licence, 21 days’ notice giving particulars of the breach and of the Council’s intention to revoke the Licence shall be sent to the Licence Holder.
The Council shall have regard to any written submissions made by the Licence Holder prior to deciding whether to revoke the Licence.
A Licence fee shall not be refunded in the event of a Licence being revoked.
12. STALL
A Licence Holder shall only use a stall, vehicle, trailer or other like receptacle or structure for carrying/displaying goods which is approved by an Authorised Officer of the Council and shall remove same at the end of each day’s trading.
Stalls shall be maintained in a safe condition and barriers shall be erected around all potential hazards.
No stall shall exceed 3. 5m in height, from ground level.
13. FOODSTUFFS
A Licence Holder licenced to casually trade in foodstuffs must be registered with the Health Services Executive (HSE) as a food business establishment and must comply with the requirements of the HSE Environmental Health Office and/or the Food Safety Authority of Ireland, as appropriate, in relation to the statutory control of food.
A Licence Holder, if so requested, shall produce evidence of the registration of their food business with the HSE to any person at the place of Casual Trading.
14. LITTER
A Licence Holder shall provide, at their own expense, adequate and suitable litter receptacles, that meet the requirements of the Council, for the disposal of litter and shall, at all times, keep the Casual Trading Area and vicinity clean and tidy, in accordance with Section 15 of the Litter Pollution Act 1997, as amended.
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 trading each day. The Casual Trading Area and the surrounding area up to a radius of 100m from eth Casual Trading Area, shall be cleaned and all litter removed and shown to be properly disposed of by the Licence Holder.
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.
15. WASTE MANAGEMENT
The removal of waste generated at each Casual Trading Area is the responsibility of the Licence Holder.
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.
Licence Holders shall, on request by an Authorised Officer, produce evidence of method of disposal of waste generated at the Casual Trading Area.
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.
16. OBLIGATION TO OBEY DIRECTIONS
While occupying a Casual Trading Area, a Licence Holder must obey all lawful requests of an Authorised Officer or a member of the Garda Síochána.
17. INSURANCE
A Licence Holder shall indemnify the Council against all actions, claims or demands whatsoever by any person claiming damages for personal injuries, loss or damage caused by any act, neglect or default of such Licence Holder, their servants, agents or employees in and about the carrying on of such Casual Trading in the Casual Trading Area and every such Licence Holder shall be required by the Council to have in force at all times appropriate public liability insurance, ensuring against the aforesaid risks in a sum to be specified by the Council from time to time. The interest of the Council is to be noted on the face of such insurance policy and if at any time, the said policy is allowed to lapse or is rendered void, the Council shall be at liberty to revoke the Licence of such person forthwith.
A Licence Holder shall submit a copy of the current insurance policy held by them before a Licence is granted.
18. HEALTH AND SAFETY
A Licence Holder shall submit a copy of the current Health & Safety Statement held by them before a Licence is granted.
19. ESSENTIAL WORKS
A Licence Holder shall not interfere with or obstruct any officer, servant or agent of the 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 Casual Trading Area, even when such work is carried out during authorised Casual Trading hours. The Council reserves the right to prohibit Casual Trading at any time, if exceptional circumstances arise which necessitate such prohibition. The Council will notify any affected Licence Holders in advance of such prohibition taking effect.
20. REVOCATION OF CASUAL TRADING AREA
The Council reserves the right to revoke or suspend, by executive order, the designation of a Casual Trading Area, for operational or other reasons.
21. ALTERNATIVE CASUAL TRADING AREA
An existing Licence for a Casual Trading Area may be suspended by executive order to facilitate construction/development/maintenance of a roadway, footpath, cycle track or other infrastructure or on adjoining sites or for other operational reasons. Alternative Casual Trading Areas may be assigned by the Council to existing Licence Holders following consultation, subject to availability of existing designated Casual Trading Areas or a temporary alternative Casual Trading Area designated by executive order.
22. SERVICE OF NOTICES
(1) Any notice required to be served on or given to a person under the Act or these Byelaws shall be addressed to the person concerned and given in one of the following ways:
(a) By addressing it to the person by name and delivering it to the person
(b) By leaving it at the address at which the person ordinarily resides or at an address which has been furnished by the person to the Council
(c) By sending it by post in a prepaid registered letter, addressed to the person at the address at which the person ordinarily resides or at an address which has been furnished by the person to the Council
(d) By sending it by ordinary post, addressed to the person at the address at which the person ordinarily resides or at an address which has been furnished by the person to the Council
(e) Where the address at which the person ordinarily resides cannot be ascertained by reasonable inquiry and notice is required to be given to the person in respect of any Casual Trading Area, by delivering it to a person over the age of sixteen (16) years engaged in Casual Trading at that Casual Trading Area.
(2) Where the name of the person concerned cannot be ascertained by reasonable inquiry, a notice under the Act or these Byelaws may be addressed to “the occupier” or “person in charge”.
23. OFFENCES
A person who contravenes any provision of these Bye-
Laws shall be guilty of an offence.
24. PENALTY
Every person who shall offend against any provision of these Byelaws shall be liable for every such offence on summary conviction to a fine, in accordance with Section 14 of the Act.
The Council reserves the right to revoke a Licence for contravention of these Byelaws.
25. TERMS AND CONDITIONS
26. APPLICATION PROCESS
Incomplete application forms shall be invalidated and returned to applicant.
The acceptance of an application form by the Council does not guarantee the granting of a Licence.
Casual Trading Licence
Applications must be accompanied by the following documentation:
• Completed Application Form in the prescribed form as set out in the Third Schedule
• 2 passport photographs of the applicant
• Proof of identity – Passport/drivers licence
• Copy of public liability insurance policy in the sum of €2.6 million
• In the case of Licences to sell food, evidence of registration with the HSE
• A photograph of the stall/unit to be used
• Valid tax clearance certificate
• Appropriate fee
Event Casual Trading Licence
All applications must be made by the organiser of the event 30 days in advance of date of event. Applications received outside of this timeframe may not be processed.
Applications must be accompanied by the following documentation:
• Completed Application Form in the prescribed form as set out in the Third Schedule
• Copy of public liability insurance policy in the sum of €2.6 million with the interest of the Council noted on the face of the policy
• Copy of Health and Safety Statement
• Copy of waste management plan
• Copy of traffic management plan, where appropriate
• Appropriate fee
27. RENEWAL PROCESS
All Casual Trading Licences are renewed in January of each calendar year. Applications for renewal of Licence are posted to Licence Holder one month prior to the expiry of the Licence.
Incomplete renewal application forms shall be invalidated and returned to applicant.
The acceptance of a renewal application form by the Council does not guarantee the granting of a Licence.
Failure to submit a valid application for renewal of Licence fourteen (14) days in advance of expiration of current Licence shall result in the revocation of the Licence. The Council reserves the right to reallocate the Casual Trading Area.
28. ALLOCATION POLICY
Favourable consideration will be given to established Licence Holders.
Vacant Casual Trading Areas will be allocated by lottery.
A licence will not be granted unless all the relevant information required in the application process is supplied.
A licence will not be granted unless the appropriate fee is paid.
The following documentation must be supplied within 30 days of receipt of offer:
FIRST SCHEDULE – CURRENT DESIGNATED CASUAL TRADING AREAS
Goods
Current Fees
€
Category A – Flowers
Esker Cemetery
Flowers
500
Bohernabreena Cemetery
Flowers
500
Newcastle Cemetery
Flowers
500
Category B – Mobile Food Outlets
Western Industrial Estate
Food
760
Killinarden Ring Road
Food
760
Viewing Point at Killakee
Food
760
Category C - Markets
Fettercairn Community Centre
General
50
Farmers Markets
Category D – Car Parks within Public Parks
Tymon Park – Wellington entrance
Ice Cream/Confectionery
10,000
Tymon Park – Tymon North entrance
Ice Cream/Confectionery
5,000
Tymon Park – Limekiln entrance
Ice Cream/Confectionery
5,000
Corkagh Park – St. John’s entrance
Ice Cream/Confectionery
10,000
Corkagh Park – Camac Valley entrance
Ice Cream/Confectionery
10,000
Griffeen Valley Park
Ice Cream/Confectionery
5,000
Hermitage Park
Ice Cream/Confectionery
3,500
Tymon Park – Wellington entrance
Tea/Coffee/Confectionery
5,000
Corkagh Park - St. John’s entrance
Tea/Coffee/Confectionery
5,000
Griffeen Valley Park
Tea/Coffee/Confectionery
5,000
Category E – Seasonal Trading
Locations may be determined by executive decision by South Dublin County Council
Christmas Trees
200
Village Festivals/Summer Fetes/Christmas Fairs
50
SECOND SCHEDULE - MAPS
Location
Map No
Esker Cemetery
DTA-002
Bohernabreena Cemetery
DTA-003
Newcastle Cemetery
DTA-004
Western Industrial Estate
DTA-005
Killinarden Ring Road
DTA-006
Viewing Point at Killakee
DTA-007
Fettercairn Community Centre
DTA-008
Tymon Park – Wellington entrance
DTA-009
Tymon Park – Tymon North entrance
DTA-010
Tymon Park – Limekiln entrance
DTA-011
Corkagh Park – St. John’s entrance
DTA-013
Corkagh Park – Camac Valley entrance
DTA-012
Griffeen Valley Park
DTA-014
Hermitage Park
DTA-015
Tymon Park – Wellington entrance
DTA-009
Corkagh Park - St. John’s entrance
DTA-013
Griffeen Valley Park
DTA-014
THIRD SCHEDULE: APPLICATION FORM
Casual Trading Act, 1995
(Please read the notes overleaf before completing this form)
PLEASE COMPLETE IN BLOCK CAPITALS
1.
Name of Applicant
2.
Full Postal Address
3.
Telephone Number
Email
4.
Occupation
5. (a)
PPS number (in the case of an individual)
5. (b)
Tax Reference No. (in the case of a company)
6.
If the application is in the name of a company, the Company Registration Number, as supplied by the Companies Registration Office
7.
First date on which it is intended to engage in casual trading
8.
Description of the goods to be sold
If you were a holder of a previous Casual Trading Licence, please quote the following:
Licence Number:
Expiry Date:
To South Dublin County Council
I DECLARE –
Signature
Date
Section 4(11) of the Casual Trading Act, 1995, provides that the local authority concerned shall notify the Minister for Social Protection of the name and address of a person to whom a casual trading licence was granted and the conditions of the licence and
Section 4(2A) of the Casual Trading Act, 1995 (inserted by Section 141 of the Finance Act, 1996 (No.9 of 1996)) provides that the local authority concerned shall notify the Revenue Commissioners of the name, address, and tax reference number of a person to whom a casual trading licence was granted and the conditions of the licence.
Section 13 of the Casual Trading Act, 1995, also provides that a local authority may establish and maintain the Register of Casual Trading Licences on computer. In such circumstances, personal data kept in the register is subject to the requirements of the Data Protection Act, 2018 and the General Data Protection Regulation (GDPR)
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