The Time Taken to Consider Applications

Casual Trading Act 1995

In general a casual trading icence application has to be processed in 30 days from the date on which an application is submitted to a local authority. Consequently licence applications have to be made 30 days prior to the date on which an applicant intends to start trading. This 30-day period is found in section 4(2) of the Casual Trading Act 1995.

Casual Trading Act 1995

Casual Trading Licences.

Section 4(2)

An application for a casual trading licence shall be made to the local authority concerned not less than 30 days before the first day on which it is intended to engage in the casual trading to which the application relates and shall be in such form as may be prescribed or in a form to the like effect.

The Additional 28 Day Processing Period

The Services Directive 2006/123/EC

The Services Directive entitles a local authority to extend the 30 day period for an undefined limited period, if justified for reasons of complexity. In practice this means that an applicant may re-submit an application and additional documentation if requested to do so by a local authority.

This additional processing period was further defined via the enactment of the Directive into Irish law. The ‘EU (Provision of Services) Regulations 2010′ states that the secondary processing period should not be greater than 28 days, and that a reasonable processing period should also not exceed 60 days. (30 days + 28 days).

A local authority is also required to publish the period of time in which applications will be processed in advance of the commencement of casual trading bye-laws.

Once an application has been submitted, a local authority must acknowledge receipt of an application in writing, stating the processing periods and the available means of redress.

A local authority also has to inform an applicant of a 28 day extension during the initial 30 day processing period. If a local authority notifies an applicant of a 28 day extension it should include a written request identifying any additional requirements or documentation needed to complete an application. There should also be reference to means of redress should an application be refused

EU Services Directive, Guidelines for Local Authorities

(Guideline 11,)

Local authorities must process applications within a reasonable period of time. Local authorities have to decide on and publish this period of time. The period of time can be extended once for a limited period (the extension must be justified by the complexity of the case.) If the local authority has not responded within the initial period or the extended period the licence is deemed to have been granted [Art. 13 (3) & (4)].

(Guideline 12,)

All applications for licences must be acknowledged as quickly as possible. The acknowledgement must refer to the time period referred to in par. 10 above and refer to any redress system [Art. 13 (5)].

EU Services Directive 2006/123/EC

Authorization procedures

[Art. 13 (3)]

Authorization procedures and formalities shall provide applicants with a guarantee that their application will be processed as quickly as possible and, in any event, within a reasonable period which is fixed and made public in advance. The period shall run only from the time when all documentation has been submitted. When justified by the complexity of the issue, the time period may be extended once, by the competent authority, for a limited time. The extension and its duration shall be duly motivated and shall be notified to the applicant before the original period has expired.

[Art. 13(6)]

In the case of an incomplete application, the applicant shall be informed as quickly as possible of the need to supply any additional documentation, as well as of any possible effects on the period referred to in paragraph 3.

S.I. 533

European Union (Provision of Services) Regulations 2010

PART 3 Freedom of Establishment for Providers

Time Limits for Dealing With Applications for Authorisations

[Art. 18]

18. (1) Every competent authority in the State responsible for administering an authorisation scheme shall ensure that—

(a) the procedures and formalities under the scheme provide applicants for an authorisation with an assurance that their applications will be processed as quickly as possible and, in any case, within a reasonable period that is fixed and publicly notified in advance, and

(b) if in a particular case an extension is made under paragraph (4) to the period referred to in sub-paragraph (a), that extension is notified to the applicant before the period referred to in that sub-paragraph has expired.

18. (2) For the purposes of paragraph (1)(a), a period that exceeds 60 days is not reasonable.

18. (3) The period referred to in paragraph (1) does not begin to run until an applicant for an authorisation has complied with all requirements of the competent authority in the State relating to the production of documents.

18. (4) If justified by the complexity of the matter, a competent authority in the State may, before the end of the period referred to in paragraph (1)(a), extend that period once for a further period not exceeding 28 days, and if it does so, it shall notify the applicant concerned in writing of that extension and the period of the extension giving reasons for the extension to the applicant before the period referred to in paragraph (1)(a) has expired.

18. (5) Subject to paragraph (7), if a competent authority in the State fails to determine an application within the decision period the application is taken to have been granted at the end of the decision period.

18. (6) For the purposes of paragraph (5), the decision period for an application is the period that is made up of

(a) the publicly notified period referred to in paragraph (1)(a) in relation to the application, and

(b) if the competent authority concerned has extended that period in relation to the application under paragraph (4), the period of that extension.

Other Requirements Relating to Applications for Authorisations

[Art. 19]

19. (1) As soon as practicable after receiving an application for an authorisation, a competent authority in the State shall acknowledge in writing receipt of the application.

19. (2) In the acknowledgement, the authority shall specify—

(a) the period referred to in Regulation 18(1)(a),

(b) the possibility of extension of that period under Regulation 18(4),

(d) the available means of redress if an application is refused.

19. (3) Where an application for an authorisation is incomplete in any respect, the competent authority to whom the application is made shall, in writing and without delay, inform the applicant of—

(a) the additional information or any document required, and

(b) the effect that failure to promptly supply the additional information or any document, as the case may be, may have on the period within which the application is to be determined.

Processing Periods and the Automatic Granting of a Casual Trading licence

Local authorities are required to process applications in 30 days or in the additional 28 day period. If an application is not processed within these periods up to a maximum of 60 days, then under normal circumstances a licence is deemed to be granted.

However a local authority may override this requirement by putting in place special arrangements that are justified for reasons relating to the public interest. The arrangements, their justification and effect, would have to be included in the acknowledgement issued to an applicant on receipt of their application.

EU Services Directive, Guidelines for Local Authorities

(Guideline 11,)

Local authorities must process applications within a reasonable period of time. Local authorities have to decide on and publish this period of time. The period of time can be extended once for a limited period (the extension must be justified by the complexity of the case). If the local authority has not responded within the initial period or the extended period the licence is deemed to have been granted [Art. 13 (3) & (4)].

EU Services Directive 2006/123/EC

Authorization procedures

[Art. 13 (5)]

All applications for authorisation shall be acknowledged as quickly as possible. The acknowledgement must specify the following:

(a) the period referred to in paragraph 3;

(b) the available means of redress;

(c) where applicable, a statement that in the absence of a response within the period specified, the authorisation shall be deemed to have been granted.

S.I. 533

European Union (Provision of Services) Regulations 2010

PART 3 Freedom of Establishment for Providers

Time Limits for Dealing With Applications for Authorisations

[Art. 18]

18. (7) A competent authority in the State may put different arrangements in place that are justified by overriding reasons relating to the public interest (including the legitimate interest of third parties) and where such arrangements are in place, paragraph (5) shall not apply.

19. (1) As soon as practicable after receiving an application for an authorisation, a competent authority in the State shall acknowledge in writing receipt of the application.

19. (2) In the acknowledgement, the authority shall specify—

(a) the period referred to in Regulation 18(1)(a),

(b) the possibility of extension of that period under Regulation 18(4),

(c) either—

(i) that in the absence of a determination of that application before the end of the period referred to in Regulation 18(1)(a) (or, if that period is extended under Regulation 18(4), that period as so extended), the authorisation is taken to have been granted at the end of that period or extended period, or

(ii) if arrangements of the kind referred to in Regulation 18(7) are in place, a statement of the general effect of those arrangements, and

Overriding Reasons Relating to the Public Interest

The following definition of ‘overriding reasons relating to the public interest’ may serve as a guide for the justification of special arrangements that would prohibit the automatic granting of a casual trading licence at the end of the 30 or 60 day periods.

EU Services Directive 2006/123/EC

Recital (40)The concept of ‘overriding reasons relating to the public interest’ to which reference is made in certain provisions of this Directive has been developed by the Court of Justice in its case law in relation to Articles 43 and 49 of the Treaty and may continue to evolve. The notion as recognised in the case law of the Court of Justice covers at least the following grounds: public policy, public security and public health, within the meaning of Articles 46 and 55 of the Treaty; the maintenance of order in society; social policy objectives; the protection of the recipients of services; consumer protection; the protection of workers, including the social protection of workers; animal welfare; the preservation of the financial balance of the social security system; the prevention of fraud; the prevention of unfair competition; the protection of the environment and the urban environment, including town and country planning; the protection of creditors; safeguarding the sound administration of justice; road safety; the protection of intellectual property; cultural policy objectives, including safeguarding the freedom of expression of various elements, in particular social, cultural, religious and philosophical values of society; the need to ensure a high level of education, the maintenance of press diversity and the promotion of the national language; the preservation of national historical and artistic heritage; and veterinary policy.

The Time Taken to Process Licence Applications

The Time Taken to Consider Applications

Casual Trading Act 1995

Casual Trading Act 1995

Casual Trading Licences.

Section 4(2)

The Additional 28 Day Processing Period

The Services Directive 2006/123/EC

EU Services Directive, Guidelines for Local Authorities

(Guideline 11,)

(Guideline 12,)

EU Services Directive 2006/123/EC

Authorization procedures

[Art. 13 (3)]

[Art. 13(6)]

S.I. 533

European Union (Provision of Services) Regulations 2010

PART 3

Freedom of Establishment for Providers

Time Limits for Dealing With Applications for Authorisations

[Art. 18]

Other Requirements Relating to Applications for Authorisations

[Art. 19]

Processing Periods and the Automatic Granting of a Casual Trading licence

EU Services Directive, Guidelines for Local Authorities

(Guideline 11,)

EU Services Directive 2006/123/EC

Authorization procedures

[Art. 13 (5)]

S.I. 533

European Union (Provision of Services) Regulations 2010

PART 3

Freedom of Establishment for Providers

Time Limits for Dealing With Applications for Authorisations

[Art. 18]

Overriding Reasons Relating to the Public Interest

EU Services Directive 2006/123/EC

The Time Taken to Process
Licence Applications