Casual Trading Act, 1980

Casual trading licences.

4.—(1) Subject to the subsequent provisions of this section the Minister shall, on the application in writing of a person therefor and on payment of a fee of £100, grant to the person a licence (referred to in this Act as “a casual trading licence”), in such form and specifying such matters as the Minister may determine, authorising the person to engage in casual trading.

(2) An application for a casual trading licence shall be made to the Minister not less than 30 days before the first day on which it is intended to engage in casual trading.

(3) (a) A casual trading licence may contain such conditions (if any) as the Minister determines and specifies in the licence.

(b) A person who holds a casual trading licence shall comply with the conditions of the licence.

(c) A person who contravenes paragraph (b) of this subsection shall be guilty of an offence.

(4) The Minister may revoke a casual trading licence if he is satisfied that a condition of the licence is being or has been contravened or if the person to whom it was granted is convicted of an offence in relation to the importation, possession or sale of goods committed while he was the holder of a casual trading licence or an offence under section 3 of this Act.

(5) The Minister may refuse to grant a casual trading licence to a person who has been convicted of an offence in relation to the importation, possession or sale of goods committed while he was the holder of a casual trading licence or an offence under this Act.

(6) The Minister shall not grant a casual trading licence to a person who was convicted of two or more offences (each offence being either an offence in relation to the importation, possession or sale of goods committed while the person was the holder of a casual trading licence or an offence under this Act) if the latest conviction occurred less than five years before the first day on which the person proposes to engage in the casual trading to which the application for the licence relates and, two, at least, of the convictions occurred after the expiration of the last period (if any) of disqualification by virtue of this subsection for being granted a casual trading licence.

(7) A casual trading licence, if not previously revoked, shall continue in force for a period of twelve months and shall then expire.

(8) Where a casual trading licence is for the purpose only of selling—

(a) fish, horticultural or agricultural produce (other than meat), or

(b) articles made by the person who holds the licence or his spouse or children,

the amount of the fee payable under subsection (1) of this section on the application for the licence shall be £5.

(9) A person who applies to the Minister for a casual trading licence shall furnish to the Minister such information as the Minister may request for the purposes of the exercise of his powers and functions under this section and, if the person fails to comply with this subsection, the Minister may refuse to grant him the licence.

(10) The Minister may by regulations, vary, either generally or in relation to a specified class or specified classes of applicants for casual trading licences, the amounts of the fees specified in subsection (1) and (8) of this section and those subsections shall have effect in accordance with any such regulations.

(11) Fees paid to the Minister under this section shall be disposed of in accordance with the directions of the Minister for Finance.

(12) The Public Offices Fees Act, 1879 shall not apply in respect of any fees charged or levied under this section or section 5 of this Act.