Council faces legal challenge over street trading laws

Kerry County Council is facing legal challenges from what could be termed opposite sides in its attempt to bring in new street trading laws in Kenmare.

Street trading in Kenmare has grown over the years and regulation has been sought for decades.

The new casual trading laws will extinguish existing market rights and see the Market Square area designated as the only casual trading area in Kenmare.

However, the street traders feel the new proposals are too confining, while the shopkeepers and ratepayers in Kenmare feel they go too far, Kenmare District Court has heard.

The law was quite complex and the issues would need to be narrowed down, the court was told. Under legislation, those “aggrieved” by the proposals have to bring appeals to the District Court.

Solicitor Eoin Brosnan who is acting for the Kenmare Chamber of Commerce, told Judge James O’Connor: “Most of the ratepayers feel the proposals are too liberal, too wide.”

On the other hand the traders felt the council was going too far in terms of imposing charges and a designated area.

The traders, represented by Tobias Simmonds, are objecting to the extinguishment of the existing market rights, “a far more serious matter,” Judge O’Connor said. Their appeal will have to be dealt with by the courts first.

“This is going to be of historic importance,” Judge O’Connor said advising Mr Simmonds to have a strategy and go to a solicitor “well versed” in the Casual Trading Act.

The proceedings are likely to take a number of days and the matter is to come before the court again — for mention only.