COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, March 11, 2013

QUESTION NO. 1

QUESTION: Councillor M. Duff

To ask the Manager to detail the number of Casual Trading Licences issued by this Authority since 2009. Would he also detail the criteria for the issuing of such licences, such as Tax Clearance certificates, suitability of vehicle, Garda Clearance, etc. and if there is any form of commercial rates applicable to such traders?

REPLY:

Four Casual TRading Licences per year have been issued to designated areas since 2009.  The table below outlines the Licences issued, along with Temproary Licences that were issued in the same period.

2009  
Casual Trading Licences Issued Areas of Trading
4 Killinarden Ring Road
  Esker Cemetery
  Bohernabreena Cemetery
  Western Industrial Estate Clondalkin
   
Temporary Christmas Tree Licences  
8 Wellington Lane
  Treepark Road, Kilnamanagh
  Taylor's Lane
  Lower Ballycullen Road
  Glenmore Hill
  Grange Road/Nutgrove Ave
  Old Bawn S.C.
  Rathfarnham S.C.
   
   
2010  
Casual Trading Licences Issued Areas of Trading
4 Killinarden Ring Road
  Esker Cemetery
  Bohernabreena Cemetery
  Western Industrial Estate Clondalkin
   
Temporary Christmas Tree Licences  
4 Old Bawn S.C.
  Rathfarnham S.C.
  Treepark Road, Kilnamanagh
  Taylor's Lane
   
   
2011  
Casual Trading Licences Issued Areas of Trading
4 Killinarden Ring Road
  Esker Cemetery
  Bohernabreena Cemetery
  Western Industrial Estate Clondalkin
   
Temporary Christmas Tree Licences  
3 Rathfarnham S.C.
  Treepark Road, Kilnamanagh
  Taylor's Lane
   
   
2012  
Casual Trading Licences Issued Areas of Trading
4 Killinarden Ring Road
  Esker Cemetery
  Bohernabreena Cemetery
  Western Industrial Estate Clondalkin
   
Temporary Christmas Tree Licences  
3 Rathfarnham S.C.
  Treepark Road, Kilnamanagh
  Taylor's Lane
   
   

The Council require the applicant to fill out a form and submit a copy of their Public Liability Insurance and their Tax Clearance Certificate.  The annual fee payable for selling Fast Food is €380.92 (2 licences issued per year) and €255 for selling flowers (2 licences issued per year).  Copies of the Licences issued along with the Public Liability Certificate and Tax Clearance Certificate are then sent to the Department of Social Welfare.  The Licencees selling fast food also require a Food Stall Licence which is obtained from the Environmental Health Department.

The Council does not require Garda Clearance from a Licencee.  In accordance with Article 11 of the Casual Trading Act 1995, a member of the Garda Siochana can do the following:

(1)  A member of the Garda Siochana may, without warrant, arrest a person whom he has reasonable cause to believe to be contravening a provision of this Act at any place and may seize and remove any goods which he is selling or has in his possession for sale at the place.

(2)  If a member of the Garda Siochana has reasonable cause to believe that a person is engaging in casual trading in contravention of this Act at any place he may require the person to remove himself and his goods from that place and, if the requisition is not complied with, may without warrant arrest the person and seize and remove any goods which he has in his possession at the place for the purposes of casual trading.

(3)  References in this section to goods include references to the receptacle, vehicle (including a vehicle used for towing) or stand in or on which the goods are exposed or carried and all utensils, boxes and other articles (including money) which are on or in such receptacle, vehicle or stand for the purposes of the trading and any draught animal attached thereto or left at the place where the receptacle, vehicle or stand is for the purpose of moving it.

In relation to commercial rates, the areas concerned do not have a rateable valuation.