Definitions
Franchise Market Rights and the Casual Trading Act 1995
Until the judgement in the case of Simmonds & Anor -v- Ennis Town Council there was some uncertainty as to the relationship between ‘market trading’ at a franchise market and ‘casual trading’ under the Casual Trading Act 1995.
Section 4(a)(i)(ii)(iii) of the Casual Trading Act 1995, provides for the licencing of casual trading in three places,
1. within a Local Authorities functional area,
2. within a casual trading area, or
3. at special events.
There was also a great deal of uncertainty as to the relationship between a franchise market area and the three places in which casual trading can be licenced. In this regard, Mr Justice Clarke made the following comments:
Simmonds & Anor -v- Ennis Town Council (2012) IEHC 281 (10 February 2012)
Case law on ‘Casual Trading’/Market ‘Trading’
Conclusion
The judgement in the ‘Ennis case’ clearly states that ‘Market Trading’, which had previously been excluded from the definition of casual trading in the 1980 Casual Trading Act, is now encompassed within the definition of Casual Trading under the 95 Act. [Casual Trading Act 1980, Section 2(2)(h)].
Local authorities are therefore obliged to regulate ‘Market Trading’ by bye-law under the Casual Trading Act 1995.