The Pre-Conditions of a Casual Trading Licence

In order to acquire a casual trading licence a casual trading application form has to be completed. The application form contains requests for information or pre-conditions of a casual trading licence. The pre-conditions listed below combine the requirements of the ‘Statutory Application Form’ and the ‘EU Services Directive’. The additional ‘Further information’ that a local authority may request was agreed at meetings of Bantry Market Working Group.

Information required by the Services Directive

EU Services Directive – Guidelines

Guideline 15

15. Under the Directive [Art. 22] there is an extensive list of information which the trader must make available to the customer. Local authorities must ensure that this information is made available. Art. 22 (2) sets out how and under what circumstances the trader provides the information to the customer. Under Art. 22 (4) the local authority must ensure that the information required of the trader is made available or communicated in a clear and unambiguous manner. It also states that the information must be made available before the conclusion of the contract. Given the nature of casual trading it is suggested that the information be either displayed by the trader at or on the stall.

EU Services Directive 2006/123/EC

CHAPTER V – Quality of Services

Article 22

Information on providers and their services

1) Member States shall ensure that providers make the following information available to the recipient:

(a) the name of the provider, his legal status and form, the geographic address at which he is established and details enabling him to be contacted rapidly and communicated with directly and, as the case may be, by electronic means;

(c) where the activity is subject to an authorisation scheme, the particulars of the relevant competent authority or the single point of contact;

(j) the main features of the service, if not already apparent from the context;

(k) the insurance or guarantees referred to in Article 23(1), and in particular the contact details of the insurer or guarantor and the territorial coverage.

3) Member States shall ensure that, at the recipient’s request, providers supply the following additional information:

(d) any codes of conduct to which the provider is subject and the address at which these codes may be consulted by electronic means, specifying the language version available;

S.I. 533 European Union (Provision of Services Legislation) Regulations 2010

PART 4 Quality of Services

Obligation of providers to give certain information about their services to recipients

22. (1) Every provider of a service shall make available the following information to a recipient of the service:

(a) the name of the provider, the provider’s legal status, the address at which the provider is established and details enabling the provider to be contacted directly and without delay, and if feasible, by electronic means;

(c) if the activity undertaken by the provider is subject to an authorisation scheme, details of the competent authority in the State that administers the scheme or the point of single contact;

(j) the main features of the service, if not already apparent from the context;

(k) if the provider is required to hold professional liability insurance or a guarantee, information about the insurance or guarantee, in particular—

(i) the contact details of the insurer or guarantor, and

(ii) the territorial coverage of the insurance or guarantee.

22. (3) At the request of a recipient, a provider shall also give the following information in respect of a service to be provided by the provider:

(d) if the provider is subject to a code of conduct, the electronic address at which the code can be located and what language versions of the code are available;

Summarized Criteria for Schedule 1 determined as outlined hereunder:

S.I. 146 / 1996 Casual Trading Act 1995 (Forms) Regulations = (CTA)

EU Services Directive – (Provider Information to Customers) [Articles 22(1) & 22(3) of S.I. 533] = (SD)

Additional Information by Agreement of Bantry Market Working Group = (BMWG)

Items denoted with an * relate to information that must be supplied upon request by a customer.

1) Name of Applicant* (CTA) (SD)

2) Legal status* (SD)

3) Full Postal Address* (CTA) (SD)

4) Telephone Number* (CTA) (SD)

5) Electronic Mail / Website* (Where applicable) (SD)

6) Occupation (CTA)

7) (a) PPS No. (In the case of an individual) (CTA)

(b) Tax Reference No. (in case of a company) (CTA)

8) If application is in the name of a limited company, the Company Registration Number, as supplied by the Companies Registration Office. (CTA)

9) Description of goods to be sold (CTA) (The main feature of the service) (SD)

10) Size of stall (BMWG)

11) Details of who will operate the stall (Name of servants or agents) [CTA. 3-(1)]

12) First date on which it is intended to engage in casual trading. (CTA)

13) If you were a holder of a previous casual trading licence please quote the following. The licence number, expiry date. (CTA)

14) Appropriate licence fee (if any) (CTA)

15) Insurance Details* (SD)

16) Manufacturers Certificate of Compliance in relation to generators as outlined in 5.12 in these Bye Laws (where applicable) (BMWG)

17) Food Safety Certificate as outlined in 4.17 of these Bye Laws (if applicable) (BMWG)

18) Certificate of compliance with storage and use of gas cylinders as outlined in 5.13 of these Bye Laws (where applicable) (BMWG)

The following 3 items are not pre-conditions, but ought to be included on a casual trading licence as they relate to information that must be supplied upon request by a customer and are denoted with an asterisk *.

19) Number on Council Register – Licence Number* (CTA)

20) The particulars of the relevant competent authority, or single point of contact, via electronic means* (SD)

21) Code of conduct* (SD)

The Preconditions of a Casual Trading Licence