'Free-for-all' by casual traders in Cork to go on for two more years

Cork County Council has 11 appeals in response to the public consultation process on casual trading bylaws and there is still one ongoing High Court case relating to “market rights”

Plans were put in place by Cork County Council as far back as 2016 to regulate casual trading, but their introduction has been held up by court actions. File photo

The ‘free-for-all’ where casual traders clog car parks, town centres, beaches and forestry entrances is set to continue for up to another two years in Co Cork as the local authority remains bogged down finalising bylaws to regulate their operation.

Plans were put in place by Cork County Council as far back as 2016 to regulate casual trading, but their introduction has been held up by court actions.

A major review of the bylaws also had to be undertaken by an archivist due to claims that "market rights" had been bestowed centuries ago by British monarchs in a few towns in the county. This, according to some claims, allowed casual traders to set up anywhere in the towns they liked. The council on the other hand wants to restrict them to certain areas.

A major increase in casual trading during the Covid-19 pandemic, especially beverage and food outlets, has led county councillors to ask when they will eventually be able to introduce the proposed bylaws.

Sean O'Callaghan, the council's director of services responsible for such matters, said in 2016 they commenced the process of adopting bylaws under the Casual Trading Act 1995 to regulate casual trading. 

The public consultation process concluded later that year and the council received over 60 submissions.

In total, 11 appeals were submitted to the District Court. He pointed out that there is still one ongoing High Court case relating to “market rights” which may impact the casual trading bylaws.

Mr O'Callaghan said:

Arising from the submissions and appeals, the council's legal team advised that an extensive review of “market rights” should be undertaken. This onerous task has been completed. 

"We are awaiting further legal advice on this matter."

Council chief executive Tim Lucey admitted it could take another year or even two before they are introduced.

Independent councillor, Marcia D'Alton, said casual trading "had mushroomed" during Covid, with "many converted horseboxes" appearing all over the place. 

She said their proliferation is causing issues at a number of popular amenities, including Fountainstown and Myrtleville beaches.

Problems have also been encountered in the Kinsale area. Fine Gael councillor Marie O'Sullivan, who runs a cafe/restaurant in Kinsale town said "there needs to be a level playing pitch" whereby casual traders pay permits for trading in certain locations and must clean up after them.

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Mitchelstown has a major market in the town's square every Thursday. Local Fine Gael councillor, Kay Dawson, said while it's part of the town's history and culture it "had become a bit of an uncontrolled sprawl" and as such, there is a need to introduce the bylaws for regulating it.

Fine Gael councillor, Sinead Sheppard, and Labour councillor, Cathal Rasmussen, said in their hometown of Cobh it also needs regulation. 

They said in some cases traders who have permits to operate in parking spaces are not turning up. But the spaces must be kept clear for them anyway, which is not ideal in a town which has quite limited parking.

Mr O'Callaghan recommended that each of the county council's eight municipal district councils will now start looking again at the 2016 bylaw proposals in their areas.

A number of amendments are expected to be made to the original plans and it will take some time before agreement is reached and the bylaws are implemented.