Occasional Trading Act, 1979

Occasional trading permits.

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 £50, together with a further fee of £25 for each day or part of a day on which the person proposes to engage in the occasional trading to which the application relates, grant to the person a permit (referred to subsequently in this Act as “an occasional trading permit”), in such form and specifying such matters as the Minister may determine, authorising the person to engage in occasional trading at a specified premises or place on specified days.

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

(3) (a) An occasional trading permit shall contain such conditions (if any) as the Minister determines and specifies in the permit.

(b) A person who holds an occasional trading permit shall comply with the conditions of the permit.

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

(4) The Minister may refuse to grant an occasional trading permit to a person who has been convicted of an offence under section 3 (1) of this Act.

(5) The Minister may revoke an occasional trading permit if he is satisfied that a condition of the permit has been or is being contravened or if the person to whom it was granted is convicted of an offence under section 3 (1) of this Act.

(6) The Minister shall not grant an occasional trading permit to a person who was convicted more than once of an offence under section 3 (1) of this Act if the latest conviction occurred less than five years before the first day on which the person proposes to engage in the occasional trading to which the application for the permit 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 an occasional trading permit.

(7) A person who applies to the Minister for the grant of an occasional trading permit shall furnish to the Minister such information as the Minister may request for the purpose 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 the permit to him.

(8) Where a person is granted an occasional trading permit in respect of occasional trading at a specified premises or place on specified days and pays to the Minister the fees payable in respect of the permit and the person remains in occupation of the premises or place for a period of not less than three months and the period includes the days on which the trading to which the permit relates was carried on, the Minister shall upon proof to his satisfaction of such occupation, return the fees paid in respect of the grant of the permit to the person.

(9) Where the number of days or parts of days for which the holder of a permit engages in occasional trading pursuant to an occasional trading permit is less than the number of days or parts of days specified in the permit, the amount of the fees paid or payable under subsection (1) of this section shall be adjusted accordingly by the making of appropriate repayments by the Minister.

(10) Where a person fails to pay to the Minister a fee in accordance with this section, he shall be guilty of an offence.

(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.

(13) The Minister may by regulations, vary the amounts of the fees specified in subsection (1) of this section and that subsection shall have effect in accordance with any such regulations and different fees may be fixed under this subsection in respect of different classes of persons.