Casual Trading Act, 1995
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Restriction on casual trading. |
3.—(1) A person shall not engage in casual trading unless he is, or is the servant or agent acting as such of, a person who holds a casual trading licence that is for the time being in force and the casual trading is in accordance with the licence. | |
(2) (a) Where there is a casual trading area in the functional area of a local authority, a person shall not engage in casual trading in that functional area other than in that casual trading area unless he is the holder of a casual trading licence granted under section 4 (1) (a) (iii) for the time being in force and the casual trading is in accordance with the licence. | ||
(b) The restriction effected by paragraph (a) shall not, during the currency of a casual trading licence granted to a person in respect of the functional area of a local authority and in force immediately before the designation of a casual trading area (being the first such area so designated by that authority under this Act) in the functional area of that authority, have effect in relation to the person. | ||
(3) A person who contravenes this section shall be guilty of an offence. | ||
(4) In a prosecution for an offence under subsection (1), it shall be presumed until the contrary is shown that, at the time of the casual trading to which the offence relates, the defendant, or, if he was at that time acting as a servant or agent of another person in relation to such trading, that that other person was not the holder of a casual trading licence for the time being in force. | ||
(5) In a prosecution for an offence under subsection (2) (a) where it is shown that a person was engaging in casual trading, it shall be presumed until the contrary is shown that, at the time of the casual trading to which the offence relates— | ||
(a) there was a casual trading area in the functional area of the local authority concerned, | ||
(b) the casual trading was carried on in an area that was not a casual trading area, and | ||
(c) the defendant or, if he was at that time acting as a servant or agent of another person in relation to such trading, that that other person was not the holder of a casual trading licence granted under section 4 (1) (a) (iii) for the time being in force. |