Atypical Traders
STREET TRADING ACT, 1926.
AN ACT TO REGULATE STREET-TRADING IN THE COUNTY BOROUGH OF DUBLIN AND ALSO IN SUCH OTHER COUNTY BOROUGHS AND URBAN COUNTY DISTRICTS AS MAY ADOPT THE ACT. [13th April, 1926.]
BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—
Definitions.
1.—In this Act—
the word “street” includes any highway, whether a thorough-fare or not, and any footway adjoining a street, and references to a street include references to any part of a street;
the expression “street-trading” means the selling of goods by retail in a street to passers-by and includes the offering, exposing, and carrying of goods for such sale, and the expression “street-trader” shall be construed accordingly;
the expression “stall-trading” means and includes any form of street-trading which is declared by this Act to be authorised by a street-trader’s stall-licence granted under this Act, and the expression “stall-trader” shall be construed accordingly;
the word “goods” includes wares, merchandise, and other articles of any kind whatsoever;
the word “prescribed” means prescribed by regulations made under this Act;
the expression “the Commissioner” means the Commissioner of the Gárda Síochána;
the expression “the Corporation” means the Council of the County Borough of Dublin and includes any person in whom the powers and duties of the Council are for the time being vested;
the expression “the City of Dublin” means the county borough of Dublin.
Prohibition of unauthorised street-trading.
2.—(1) Subject to the exceptions hereinafter mentioned, it shall not be lawful for any person after the commencement of this Act to sell or offer, expose, or carry for sale any goods of any description in any street in the City of Dublin without holding a street-trader’s certificate granted to him under this Act and then in force or to engage in any form of stall-trading in any street in the City of Dublin without holding (in addition to such street-trader’s certificate) a street-traders stall licence granted to him under this Act and then in force.
(2) After the commencement of this Act it shall not be lawful for any person holding a street-trader’s certificate granted under this Act and not holding a street-trader’s stall licence granted under this Act to sell or offer, expose, or carry for sale any goods of any description in any street in the City of Dublin otherwise than in accordance in all respects with such certificate and any enactment or regulation referred to therein.
(3) After the commencement of this Act it shall not be lawful for any person holding both a street-trader’s certificate and a street-trader’s stall licence granted under this Act to engage in any form of street-trading (except stall-trading) in the City of Dublin otherwise than in accordance in all respects with such certificate and any enactment or regulation referred to therein or to engage in stall-trading in any street in the City of Dublin otherwise than in accordance in all respects (whether as to time, manner, place, or otherwise) with such licence and any enactment, regulation, or bye-law referred to therein.
(4) Every person who after the commencement of this Act sells or offers, exposes, or carries for sale any goods in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding in the case of a first offence five pounds or in the case of a second or any subsequent offence ten pounds.
(5) This section shall not apply to—
(a) a person bona-fide and lawfully employed as assistant to a street-trader authorised by this Act to have an assistant in respect of anything done by him as such assistant which he is authorised by this Act so to do; or
(b) a person who sells goods or offers, exposes or carries goods for sale only to persons in, at, or immediately outside the house or other place in which they reside and who does not sell any goods, or offer, expose, or carry any goods for sale to passers-by in the street; or
(c) a person who sells goods or offers, exposes, or carries goods for sale in any lawful public market or fair.
Street-traders certificates.
3.—(1) Upon the application to the Commissioner of any person and (save as hereinafter mentioned) the payment by such person to the Commissioner of a fee of five shillings, the Commissioner if he is satisfied that such person is a fit and proper person to have a street-trader’s certificate, may subject to the provisions of this section grant to such person a street-trader’s certificate under and in accordance with this Act.
(2) Every street-trader’s certificate granted under this Act shall be in the prescribed form and shall operate and be expressed to authorise the person to whom the same is granted to sell, and to offer, expose, and carry for sale in any street in the City of Dublin any goods of any description actually carried by him either directly in his hands or by means of a tray, bag, basket, or other like receptacle not exceeding the prescribed limits of size, but subject to the provisions of this Act and the regulations made thereunder.
(3) Every street-trader’s certificate granted under this section shall, unless previously revoked, remain in force for one year only from the grant thereof.
(4) No fee shall be payable in respect of the grant of a street-trader’s certificate under this Act to a person who at the time of the grant of such certificate is under the age of sixteen years but no such certificate shall be granted to any such person unless at the time of such grant he so complies or has so complied with the Employment of Children Act, 1903 , and the bye-laws made by the Corporation thereunder that he would, if this Act had not been passed, be entitled to carry on street-trading within the meaning of that Act in the City of Dublin.
(5) The holding by a person under the age of sixteen years of a street-trader’s certificate granted under this Act shall not exempt such person from the obligation to fulfil and observe all bye-laws made by the Corporation under the Employment of Children Act, 1903 .
(6) All fees received by the Commissioner under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.
Street-traders’ stall licences.
4.—(1) Upon application to the Corporation by a person who is the holder of a street-trader’s certificate granted under this Act and then in force and the payment by such person to the Corporation of a fee of five shillings, the Corporation may grant to such person a street-trader’s stall licence under and in accordance with this Act.
(2) Every street-trader’s stall licence granted under this Act shall be in the prescribed form and shall either—
(a) be expressed and in such case shall operate to authorise the person to whom the same is granted to offer, expose, and carry for sale and to sell on a wheeled and movable stall, barrow, cart, or other vehicle any goods of any description whatever or of the description specified in the licence in any street in the City of Dublin but subject to the provisions of this Act and the bye-laws and regulations made thereunder and in particular subject to any bye-law or regulation prohibiting stall-trading in particular streets, or
(b) be expressed and in such case shall operate to authorise the person to whom the same is granted to offer, expose and carry for sale and to sell on a stall, booth, or other stand any goods of the description specified in the licence in a specified street in the City of Dublin and either in any part of such street or in a particular part thereof, or at a particular place therein but subject to the provisions of this Act and the bye-laws and regulations made thereunder.
(3) Every street-trader’s stall licence granted under this Act shall remain in force so long as the street-trader’s certificate granted under this Act to the holder of such licence and held by him when such licence was granted to him remains in force and shall expire or terminate upon the expiration, revocation, or other termination of such certificate.
(4) All fees received by the Corporation under this section shall be paid into the fund applicable to the purposes of the Public Health (Ireland) Act, 1878 .
Street-traders’ assistants.
5.—A street-trader holding a stall licence granted under this Act may employ one or more persons, but not more than the maximum number fixed by bye-laws made under this Act, to assist him in the carrying on of his trade under such licence, and every person bona fide and lawfully employed as an assistant by any such street-trader may do for and on behalf and in the name of such street-trader any act or thing which such street-trader might by virtue of such licence lawfully do himself.
Power to Corporation to make bye-laws.
6.—(1) The Corporation may make bye-laws for all or any of the following purposes, that is to say:—
(a) prohibiting stall-trading or any particular class of stall-trading in any specified street in the City of Dublin;
(b) prescribing the times during which stall-trading may be carried on in any specified street either generally or in regard to any specified description of goods;
(c) limiting the size and regulating the character of the vehicles and stands which may be used for stall-trading either generally or in any specified street or for any specified description of goods;
(d) regulating and restricting the mode of conducting stall-trading either generally or in any particular description of goods with a view to preventing the accumulation or facilitating the removal of refuse;
(e) ensuring the cleanliness of vehicles and stands used for stall-trading in any article intended for human food or drink and the cleanliness of the receptacles and utensils on such vehicles and stands;
(f) prohibiting the carrying or handling in the seller’s hands without a protective container or wrapper of goods or any particular class of goods intended for human food or drink offered for sale on stall-trader’s vehicles or stands;
(g) fixing the maximum number of assistants which may be employed at any one time by stall-traders or by any particular class of stall-traders;
(h) any matter or thing referred to in this Act as being or to be appointed or provided by the bye-laws.
(2) Sections 219 to 223 of the Public Health (Ireland) Act, 1878 , shall apply to all bye-laws made by the Corporation under this section.
(3) The Minister for Local Government and Public Health may cause a local inquiry to be held for the purposes of this section, and sections 209 , 210 , 212 , and 213 of the Public Health (Ireland) Act, 1878 , shall apply accordingly.
Revocation of certificates and licences.
7.—(1) Whenever the holder of a street-trader’s certificate granted under this Act is convicted of an offence under this Act or any section thereof or any regulation or bye-law made under this Act or of any crime or other offence which in the opinion of the Court renders such holder unfit to continue to hold such certificate, the Court by or before whom such holder is so convicted may when imposing sentence revoke such certificate.
(2) When a street-trader’s certificate granted under this Act is revoked by a court under this section, the registrar, clerk, or other principal officer of the court shall communicate the fact of such revocation to the Commissioner and to the Corporation.
(3) If and so long as a street-trader holding a street-trader’s certificate granted under this Act is under the age of sixteen years, such street-trader’s certificate shall automatically terminate upon such street-trader becoming, under the Employment of Children Act, 1903 or the bye-laws made thereunder by the Corporation, disentitled to carry on street-trading within the meaning of that Act in the City of Dublin.
Registers of certificates and licences.
8.—The Commissioner and the Corporation shall respectively keep such registers in such forms and shall enter therein such particulars of all grants by them respectively under this Act of street-traders’ certificates and street-traders’ stall licences and of revocations of such certificates and licences respectively as shall be prescribed by regulations made by the Minister for Justice under this Act.
Powers of Gárda Síochána.
9.—(1) Any member of the Gárda Síochána may demand from any person whom he observes to be engaged in street-trading other than stall-trading in the City of Dublin the production of his street-trader’s certificate granted to him under this Act and if such person fails or refuses to produce such certificate accordingly or to permit such member of the Gárda Síochána to read and examine the same he shall be guilty of an offence under this section.
(2) Any member of the Gárda Síochána may demand from any person whom he observes to be engaged or believes to engage in stall-trading in the City of Dublin all or any of the following things, that is to say:—
(a) the production of his street-trader’s certificate granted under this Act,
(b) the production of his street-trader’s stall licence granted under this Act,
(c) the number of assistants employed by him in such stall-trading,
(d) the names and addresses of all (if any) assistants so employed by him,
and if such person fails or refuses to produce such certificate or licence accordingly or to permit such member of the Gárda Síochána to read and examine the same or fails or refuses to give such number or any such name or address accordingly he shall, unless he claims to be an assistant to a stall-trader, be guilty of an offence under this section.
(3) If any person to whom such demand as is mentioned in the next foregoing sub-section is made claims in response to such demand to be an assistant to a stall-trader he shall furnish to the member of the Gárda Síochána making the demand his own name and address and the name and address of the stall-trader whose assistant he claims to be and if he fails or refuses to give such names and addresses or any of them or gives any name or address which is false or misleading he shall be guilty of an offence under this section.
(4) If any person of whom such demand as is mentioned in the foregoing sub-sections of this section is duly made under this section by a member of the Gárda Síochána fails or refuses to comply with such demand in accordance with the foregoing provisions of this section such person may be arrested and all goods which he is selling or offering, exposing, or carrying for sale and the receptacle, vehicle, or stand on or in which he is exposing or carrying such goods and all utensils, boxes, and other articles (including money) thereon and any draught animal attached thereto may be seized by the said or any other member of the Gárda Síochána without a warrant.
(5) Any person found guilty by a court of summary jurisdiction of an offence under this section shall be liable to a fine not exceeding five pounds.
Further powers of Gárda Síochána.
10.—(1) Any member of the Gárda Síochána may without warrant arrest any person whom he believes to be selling or offering, exposing, or carrying for sale any goods in contravention of this Act or any regulation or bye-law made thereunder and may also without warrant seize and remove all goods which such person is at the time of his arrest selling or offering, exposing, or carrying for sale.
(2) If any member of the Gárda Síochána finds any person engaged in stall-trading in any description of goods in any street or at any time in or at which stall-trading in that description of goods is prohibited by bye-laws or regulations made under this Act he may (in addition to or in lieu of exercising any other powers conferred on him by this Act) require such person to remove himself and his goods from that particular street or from the streets generally and if such requisition is not complied with may without warrant arrest such person and seize and remove all goods which such person is then selling or offering, exposing, or carrying for sale.
(3) All references in this section to goods or to goods being sold, offered, exposed, or carried for sale shall be deemed to include the receptacle, vehicle, or stand in or on which the goods are exposed or carried and all utensils, boxes, and other articles (including money) which are on or in such receptacle, vehicle, or stand for the purposes of the trading and any draught animal kept for the purpose of moving the vehicle or stand.
Disposal of goods seized by Gárda Síochána.
11.—(1) Whenever any goods are seized and removed under this Act by a member of the Gárda Síochána the Commissioner may in the case of perishable goods not less than twelve hours and in the case of any other goods not less than three days after the seizure cause the goods to be sold and shall out of the proceeds of such sale defray all expenses incurred in the seizure, removal, storage, and sale of the goods and shall pay the surplus of such proceeds to the person who at the time of the seizure was the owner of the goods.
(2) Whenever any such goods as aforesaid include any article intended for human food or drink and such article is at any time before the sale thereof under this section unfit in the opinion of the Commissioner for human consumption, the Commissioner may cause such article to be destroyed.
(3) If before any such goods as aforesaid are sold under this section, any person satisfies the Commissioner that he is the owner of such goods and pays to the Commissioner all expenses incurred in the seizure, removal, storage, and any intended or attempted sale of the goods, the Commissioner shall hand over such goods to such person.
(4) All references in this section to goods shall be deemed to include every receptacle, vehicle, stand, utensil, article, and animal seized and removed with the goods.
Exemption of street-traders in certain cases.
12.—(1) In any proceedings brought under any enactment now in force against a holder of a street-trader’s certificate or of such certificate and a street-trader’s stall licence granted under this Act for obstructing any highway or the traffic thereon or for infringing any market right or brought under the Markets and Fairs Clauses Act, 1847, it shall be a good defence to prove that the act charged against such holder was done by him in the course of the lawful carrying on of his business as a street-trader under and in accordance with the said certificate or the said certificate and licence held by him.
(2) In any proceedings under the Pedlars Act, 1871 , or the Hawkers Act, 1888, it shall be a sufficient defence for the person against whom the proceedings are brought to show that at the time he committed the act in respect of which the proceedings are brought he held either a street-trader’s certificate or such certificate and a street-trader’s stall licence granted to him under this Act and then in force and that the said act was by virtue of this Act authorised by such certificate or licence, or that at the time he committed the said act he was an assistant to a street-trader holding a stall licence granted under this Act and then in force and that he was by virtue of this Act authorised to do and did do the said act as such assistant.
Power to Minister to make regulations.
13.—The Minister for Justice may by order make regulations for all or any of the following purposes, that is to say:—
(a) prescribing the form of street-traders’ certificates to be granted under this Act;
(b) prescribing the form of street-traders’ stall licences to be granted under this Act;
(c) prescribing the limits of size of the receptacles in which holders of street-traders’ certificates may carry the goods in which they trade;
(d) prescribing the form of the registers to be kept by the Commissioner and the Corporation respectively pursuant to this Act and the matters to be entered in such registers respectively;
(e) prohibiting street-trading or any particular class of street-trading or stall-trading or any particular class of stall-trading in any specified street in the City of Dublin;
(f) prescribing any matter or thing referred to in this Act as prescribed or to be prescribed.
Adoption of this Act in boroughs and urban districts.
14.—(1) The council of any county borough (other than the County Borough of Dublin) or of any urban county district may by resolution passed after such notice as is hereinafter mentioned adopt this Act, and upon the coming into operation as hereinafter provided of such resolution this Act shall apply to such borough or urban district subject to the following modifications, that is to say:—
(i) references to the City of Dublin shall be construed as references to the borough or urban district of the council by whom the resolution was passed,
(ii) references to the Corporation shall be construed as references to that council,
(iii) references to the Commissioner shall be construed as references to the principal officer of the Gárda Síochána in that borough or urban district.
(2) The council of any county borough or of any urban county district which has duly adopted this Act under this section may at any time thereafter by resolution passed after such notice as is hereinafter mentioned rescind the adoption of this Act, and upon the coming into operation as hereinafter provided of such resolution this Act shall cease to apply to such borough or urban district.
(3) A resolution under this section adopting or rescinding the adoption of this Act shall not be of any force or effect unless not less than one month’s notice of the meeting at which the resolution is passed and of the intention to propose the resolution thereat has been given to every member of the council and been published by advertisement in at least two newspapers circulating in the borough or urban district.
(4) Notice of the passing of a resolution under this section adopting or rescinding the adoption of this Act shall within one month after such passing be sent to the Minister for Justice and the Minister for Local Government and Public Health and be published in at least two newspapers circulating in the borough or urban district and the resolution shall come into operation on such day (not being less than one month after the first publication of such notice) as shall be specified in the resolution.
(5) The production of a copy of a newspaper in which notice of the passing of a resolution under this section is published shall until the contrary is proved be evidence that the resolution mentioned in such notice was duly passed in accordance with this section.
Amendment of Occasional Trading Act, 1979.
16.—(1) The Occasional Trading Act, 1979 , is hereby amended—
(a) in section 2, by the substitution of the following subsection for subsection (3):
“(3) The Minister may, by regulations, amend (whether by the addition, deletion or alteration of classes) the classes of selling specified in subsection (2) and that subsection shall have effect in accordance with any such regulations.”,
(b) in section 4, by the insertion of the following subsection after subsection (13):
“(14) Upon the grant of an occasional trading permit, or as soon as may be thereafter, the Minister shall notify the Minister for Social Welfare in writing of the name and address of the person to whom the permit was granted and the conditions (if any) contained in the permit, including the duration thereof.”, and
(c) in section 9—
(i) by the substitution of the following subsection for subsections (1), (2) and (3):
“(1) A person guilty of an offence under section 3 (1) of this Act shall be liable—
(a) on summary conviction, to a fine not exceeding £1,000, or
(b) on conviction on indictment, to a fine not exceeding £10,000 together with, in the case of a continuing offence, a fine not exceeding £500 for each day or part of a day on which the offence is continued after the first such day or to imprisonment for a term not exceeding 6 months or to both the fine or fines and the imprisonment.”, and
(ii) in subsection (4), by the substitution of “£1,000” for “£500”.
(2) Regulations under subsection (3) of section 2 of the Occasional Trading Act, 1979 , in force immediately before the commencement of this section, shall continue in force after such commencement as if made under the said subsection (3), as inserted by this section, and may be amended or revoked accordingly.
S.I. No. 63/1926 –
Street Trading (City of Dublin) Regulations, 1926.
STREET TRADING (CITY OF DUBLIN) REGULATIONS, 1926.
*
WHEREAS by Section 13 of the Street Trading Act, 1926 (No. 15 of 1926), it is enacted that the Minister for Justice may by order make regulations for certain purposes therein specified:
NOW, I, Caoimhghín O h-Uigín, Minister for Justice, by virtue of the powers conferred upon me by Section 13 of the Street Trading Act, 1926 , and of all other powers enabling me in this behalf, do hereby order as follows:—
1. Every person desiring to obtain a street trader’s certificate shall fill and complete a Form of Application therefor, which shall be in accordance with such modification of Form I in the Schedule hereto as may be suitable. Such form, when completed, shall be given to the Station Sergeant of the Gárda Síochána in the sub-district in which the applicant resides, or where the applicant does not reside in the City of Dublin, to the Station Sergeant of a sub-district within the city, and shall be transmitted by such sergeant to the Superintendent for the district for submission to the Commissioner. Where the applicant is over 16 years of age a fee of 5s. must be given to the Station Sergeant at the time of making the application. In the event of the application being refused, the fee so paid by the applicant shall be returned to him.
2. A street trader’s certificate shall be in accordance with such modification of Form II in the Schedule hereto as may be suitable. In the event of the holder of a street trader’s certificate changing his address after the issue of such certificate to him, and while such certificate remains in force, he shall forthwith notify such change of address to the Station Sergeant of the sub-district in which he resides, or where the holder of the certificate resides outside the City of Dublin, to the Station Sergeant of the sub-district in which he made his application for such certificate.
3. The holder of a street trader’s certificate may sell or offer, expose and carry for sale goods of any description in any street in the City of Dublin save in the following streets, namely: Grafton Street, Nassau Street, Dawson Street, Suffolk Street, Wicklow Street, Exchequer Street, South Great George’s Street, College Green, College Street, Dame Street, Westmoreland Street, O’Connell Street, North Earl Street, Parliament Street, and that portion of Talbot Street between Gardiner Street and Marlboro’ Street, in which newspapers only may be sold, or offered, exposed or carried for sale.
The version of this Order in the Irish language, prepared officially, is printed on the opposite pages.
4. The tray, bag, basket or other like receptacle in which the holder of a street trader’s certificate may carry goods of any description shall not exceed eighteen inches in width by twenty-four inches in length.
5. A street trader’s stall licence shall be in accordance with such modification of Form III in the Schedule hereto as may be suitable.
6. The registers of street traders’ certificates and stall traders’ licences to be kept by the Commissioner of the Gárda Síochána and Corporation, shall be in accordance with such modification of Forms 4 and 5 respectively in the Schedule hereto as may be suitable.
7. These Regulations may be cited as “The Street Trading (City of Dublin) Regulations, 1926.”
Dated this 22nd day of July, 1926. C. Ó H-UIG ?N,
Aire Dlí agus Cirt.
Éinrí Ó Frighil.
SCHEDULE.
I.
STREET TRADING ACT, 1926 .
APPLICATION FOR STREET TRADERS’ CERTIFICATE.
I,…………………………..residing at…………………………………., in the County of………………..,do hereby apply for a Street Trader’s Certificate authorising me to act as a Street Trader within the City of Dublin.
I am under the age of sixteen years.
To be deleted where applicant is over the age.
…………………………..
Signature of Applicant.
Date………… day of……………………, 19….
To the Station Sergeant, Gárda Síochána,
at……………………….
II.
STREET TRADING ACT, 1926 .
STREET TRADER’S CERTIFICATE.
No……..
I,……………………………………..Coimisineir, Gárda Síochána, do hereby authorise……………………….of………………………….., to sell and to offer, expose and carry for sale in the City of Dublin, any goods of any description actually carried by him (or her) either directly in his hands or by means of a tray, bag, basket, or other receptacle subject to the provisions of the Street Trading Act, 1926 , and to any prohibition of certain streets and the limiting of the sizes of receptacles imposed by the Regulations made thereunder.
This Certificate will expire on the…….. day of……………. 19….
Dated this……..day of……………….. 19….
…………………………….
Coimisineir,
(To be endorsed on back of each Certificate).
Description of Holder of Certificate.
Age …………………………………
Height ……………………………….
Complexion …………………………..
Hair…………………………………
Eyes………………………………..
Any peculiarity of features, etc. ……………………………
Change of Address ……………………..
…………………….
N.B.
(1) Any change of address must be at once reported to the Gárda Síochána.
(2) If the holder of this Certificate is under 16 years of age, he or she is not exempt from the obligation to comply with all bye-laws made by the Corporation of the City of Dublin under the Employment of Children Act, 1903.
(3) This Certificate must be produced to any member of the Gárda Síochána when demanded.
(4) This Certificate is not transferable.
(5) No goods of any kind except newspapers can be sold in Grafton Street, Nassau Street, Dawson Street, Suffolk Street, Wicklow Street, Exchequer Street, South Great George’s Street, College Green, College Street, Dame Street, Westmoreland Street, O’Connell Street, North Earl Street, Parliament Street, and that portion of Talbot Street between Gardiner Street and Marlboro’ Street.
III.
STREET TRADING ACT, 1926 .
STREET TRADER’S STALL LICENCE.
No……..
……………………….. of……………………….. in the County of……………….., being the holder of a Street Trader’s Certificate, No……, is hereby authorised to offer, expose and carry for sale and to sell on a wheeled and movable stall, barrow, cart, or other vehicle, any goods of any description in the City of Dublin, subject to the provisions of the Street Trading Act, 1926 , and to any prohibition of certain streets and the limiting of the size of vehicles imposed by by-laws or regulations made thereunder, or to offer, expose and carry for sale and to sell on a stall, booth, or other stand ……………………(specify class of goods), in the City of Dublin (or at pitch No…… in……………………Street, in the City of Dublin), subject to the provisions of the Street Trading Act, 1926 , and to any prohibition of certain streets and the limiting of the size of stands imposed by the by-laws and regulations made thereunder.
This Certificate will expire on the…….. day of……………., 19….
Dated this…….. day of……………….., 19….,
Sealed with the Seal of the Corporation.
(To be endorsed on back of each Certificate).
The holder of this licence is authorised to employ ………….. assistants, whose names, addresses and ages are as follows:—
N.B.—Stall-Trading is prohibited in the following streets (set out names of Streets)……………………
IV.
STREET TRADING ACT, 1926 .
REGISTER OF STREET TRADERS.
Particulars as to Street Trader.
Particulars as to Certificate.
No. of Certificate.
Name of Street Trader.
Address.
Age if under 16 years.
District.
Date of Certificate.
Date of Expiry.
Fee
Date fee paid.
Date and No. of Renewal Certificate.
If Stallholder, No. of licence.
Remarks as to Revocation, &c.
£
s.
d.
V.
STREET TRADING ACT, 1926 .
REGISTER OF STALL HOLDERS.
Particulars as to Stall Trader.
Particulars as to Licence.
No. of licence.
Name of Stall Trader.
Address.
Date of Licence.
Date of Expiry.
Fee
Date Fee paid.
Date and Number of renewal licence.
No. of Street Trader’s Certificate..
Remarks as to particular street in which trading, &c.
£
s.
d.
S.I. No. 315/1948 –
Street Trading (City of Dublin) Regulations, 1926 (Amendment) Regulations, 1948.
STREET TRADING (CITY OF DUBLIN) REGULATIONS, 1926 (AMENDMENT) REGULATIONS, 1948.
I, SE ?N MAC EOIN, Minister for Justice, in exercise of the powers conferred on me by section 13 of the Street Trading Act, 1926 (No. 15 of 1926), hereby make the following regulations :—
1.—(1) These Regulations may be cited as the Street Trading (City of Dublin) Regulations, 1926 (Amendment) Regulations, 1948.
(2) These Regulations shall come into operation on the 1st day of October, 1948.
2. In these Regulations the expression ” the Principal Regulations ” means the Street Trading (City of Dublin) Regulations, 1926 ( S. R. & O. No. 63 of 1926 ).
3. The Interpretation Act, 1937 (No. 38 of 1937), applies to these Regulations.
4. The following Article is hereby substituted for Article 3 of the Principal Regulations—
” 3. The holder of a street trader’s certificate may sell or offer, expose and carry for sale goods of any description in any street in the City of Dublin save in the following streets, namely : Clarendon Street, Johnson’s Court, Grafton Street, Nassau Street, Dawson Street, Suffolk Street, Wicklow Street, Exchequer Street, South Great George’s Street, College Green, College Street, Dame Street, Westmoreland Street, O’Connell Street, North Earl Street, Parliament Street, Wexford Street, Redmond’s Hill, Aungier Street, Henry Street, Henry Place and that portion of Talbot Street between Gardiner Street and Marlboro’ Street, in which newspapers only may be sold, or offered, exposed or carried for sale.”
5. The following sub-note is hereby substituted for sub-note 5 to Form II in the Schedule to the Principal Regulations—
” (5) No goods of any kind except newspapers can be sold in Clarendon Street, Johnson’s Court, Grafton Street, Nassau Street, Dawson Street, Suffolk Street, Wicklow Street, Exchequer Street, South Great George’s Street, College Green, College Street, Dame Street, Westmoreland Street, O’Connell Street, North Earl Street, Parliament Street, Wexford Street, Redmond’s Hill, Aungier Street, Henry Street, Henry Place and that portion of Talbot Street between Gardiner Street and Marlboro’ Street.”
6. The following are hereby revoked :—
The Street Trading (City of Dublin) Regulations, 1926, Amendment Order, 1929 ( S. R. & O. No. 18 of 1929 ) ;
The Street Trading (City of Dublin) Regulations, 1926, Amendment Order, 1930 ( S. R. & O. No. 90 of 1930 ) ;
The Street Trading (City of Dublin) Regulations Amendment Order, 1932 ( S. R. & O. No. 110 of 1932 ) ;
The Street Trading (City of Dublin) (Amendment) Regulations, 1938 ( S. R. & O. No. 309 of 1938 ).
GIVEN under my Official Seal, this 30th day of September, 1948.
(Signed) SEAN MAC EOIN,
Minister for Justice.
S.I. No. 240/1957 –
Street Trading (City of Dublin) Regulations, 1926 (Amendment) Regulations, 1957.
STREET TRADING (CITY OF DUBLIN) REGULATIONS, 1926 (AMENDMENT) REGULATIONS, 1957.
I, OSCAR TRAYNOR, Minister for Justice, in exercise of the powers conferred on me by section 13 of the Street Trading Act, 1926 (No. 15 of 1926), hereby make the following regulations :
1. These Regulations may be cited as the Street Trading (City of Dublin) Regulations, 1926 (Amendment) Regulations, 1957.
2. The Interpretation Act, 1937 (No. 38 of 1937), applies to these Regulations.
3. Nothing in the Street Trading (City of Dublin) Regulations, 1926 ( S. R. & O. No. 63 of 1926 ), as amended by the Street Trading (City of Dublin) Regulations, 1926 (Amendment) Regulations, 1948 ( S.I. No. 315 of 1948 ), shall prohibit street trading in fruit, flowers and Christmas novelties in Henry Street, Dublin, during the month of December, 1957, or any subsequent month of December.
GIVEN under my Official Seal, this 27th day of November, 1957.
OSCAR TRAYNOR,
Minister for Justice.
Explanatory Note.
These Regulations permit street trading in fruit, flowers and Christmas novelties in Henry Street, Dublin, during the month of December each year.
Street Trading Act Regulations
List of Other Regulations
Street Trading (City of Dublin) Regulations 1926 [Vol. XX p. 1179], S.R.& O. No. 63 of 1926
Street Trading (Wexford Urban District) Regulations1930 [Vol. XX p. 1213], S.R.& O. No. 3 of 1931
Street Trading (Bray Urban District) Regulations 1935 [Vol. XX p. 1231], S.R.& O. No. 408 of 1935
Street Trading (County Borough of Cork) Order 1941 [Vol. XXXIII p. 937], S.R.& O. No. 43 of 1941
Borough of Sligo Street Trading Regulations 1946 [Vol. XXXVIII p. 545], S.R.& O. No. 43 of 1946
Street Trading (City of Dublin) Regulations, 1926 (Amendment) Regulations 1948, S.I. No. 315 of 1948
Street Trading (Urban District of Castleblayney) Regulations 1950, S.I. No. 54 of 1950
Street Trading (Borough of Galway) Regulations 1955, S.I. No. 219 of 1955
Street Trading (Urban District of Naas) Regulations 1955, S.I. No. 220 of 1955
Street Trading (City of Dublin) Regulations 1926 (Amendment) Regulations 1957, S.I. No. 240 of 1957
Street Trading (Borough of Galway) Regulations 1960, S.I. No. 157 of 1960
Street Trading (County Borough of Limerick) Regulations 1961, S.I. No. 226 of 1961
Street Trading (Urban District of Youghal) Regulations 1962, S.I. No. 161 of 1962
Street Trading (Borough of Clonmel) Regulations 1966, S.I. No. 284 of 1966
Street Trading (Urban District of Listowel) Regulations 1966, S.I. No. 288 of 1966
Street Trading (Urban District of Tralee) Regulations 1975, S.I. No. 325 of 1975
Street Trading (Urban District of Midleton) Regulations 1977, S.I. No. 71 of 1977
General Dealers (Ireland) Act, 1903
CHAPTER XLIV.
An Act for regulating the business of Marine Store Dealers and Dealers in Second-hand Goods in Ireland. [14th August 1903.]
Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
General dealers to be licensed.
1.—(1) No person shall carry on the business of a general dealer without having in force a licence under this Act.
(2) An application for a licence under this Act or a renewal thereof shall be made, in the prescribed manner and at the prescribed time, to the licensing authority and may be granted or refused at the discretion of that authority.
(3) A licence under this Act may be revoked or suspended by a court of summary jurisdiction, on conviction before such court of any violation of the terms of the licence or of any provision of this Act.
(4) Every person applying for a licence under this Act or a renewal thereof shall pay to the clerk to the licensing authority a sum not exceeding two shillings and sixpence as the expense attending such application and of recording the prescribed particulars relating thereto.
(5) A licence under this Act shall be in the prescribed form, shall be dated on the day on which it is issued and shall determine on the first day of January unless sooner revoked or suspended.
(6) If a person acts as a general dealer, without having in force a licence under this Act, or contravenes the terms of his licence, he shall be liable on summary conviction to a fine not exceeding five pounds.
General dealers to furnish a description of their premises and keep books.
2.—(1) Every person applying for a licence under this Act or a renewal thereof shall, at the time of his application, furnish to the clerk to the licensing authority a description in writing of his premises, including all cellars, closets and other places proposed to be used by him in the course of his business.
(2) Every general dealer shall enter in a book, to be kept by him on his premises, the particulars of each transaction in his business, including—
(a) a proper and distinctive description of each article purchased or received by him;
(b) the name and place of abode of the person from whom he purchased or received the article;
(c) the date and hour of the day of each transaction; and
(d) the price paid or agreed to be paid for the article;
Provided that, where articles of the same kind, value and description are on any particular occasion bought or sold in a lot or parcel, it shall be sufficient to describe such lot or parcel without describing each of the several articles comprising same.
(3) If any general dealer fails to comply with any requirement of this section, he shall for each offence be liable on summary conviction to a fine not exceeding five pounds.
General dealers to retain articles for seven days after having received them.
3.—(1) Every article purchased or received by a general dealer shall be kept by him in his shop, or other place where his ordinary business is carried on, for seven days from the date on which it was so purchased or received, unless in the meantime he shall, on giving twenty-fours hours previous notice to the licensing authority, have received from that authority permission to dispose of such article.
(2) Every general dealer shall attach to each article a ticket or label with the date of purchase or receipt written thereon.
(3) Every general dealer shall, when required so to do by a police constable, produce to him any such article before the expiration of the said period of seven days.
(4) If any general dealer fails to comply with any requirement of this section he shall be liable for each offence on summary conviction to a fine not exceeding five pounds.
General dealers to enter names of purchasers, &c.
4.—(1) Every general dealer shall enter in his book the name and address of the person to whom any article, lot or parcel is sold or delivered by him and also the date of the sale.
(2) If any general dealer fails to comply with the requirement of this section he shall be liable for each offence on summary conviction to a fine not exceeding twenty shillings.
General dealers to produce articles and books on demand.
5.—(1) Every general dealer shall at all reasonable times produce on demand to any police constable, having the general or special authority of a justice of the peace to make the demand, all articles in his possession and also the book in which the description of any article is or ought to have been entered.
(2) Any police constable obtaining the production of any such book shall on each occasion subscribe his name immediately after the last entry therein.
(3) Whenever any articles which have been stolen, embezzled or fraudulently obtained are found in the possession of any general dealer, he shall, on being informed by a police constable, authorised as aforesaid, that such articles were stolen, embezzled or fraudulently obtained, deposit the same with the constable.
(4) If any general dealer fails to comply with any requirement of this section, he shall be liable for each offence, on summary conviction, to a fine not exceeding five pounds, without prejudice to his being also proceeded against according to law as a receiver of stolen goods.
General dealers to report stolen goods.
6.—(1) If any articles, with respect to which information in writing is given by any police constable to a general dealer that they have been stolen, embezzled or fraudulently obtained, are then in, or subsequently come into, the possession of the dealer, he shall as soon as may be give information to a police constable that articles answering to the description of the said articles are in his possession, and shall also state the name and address given by the person from whom the articles were received.
(2) If any general dealer contravenes the provisions of this section he shall be liable for each offence on summary conviction to a fine not exceeding five pounds: Provided that, in the case of articles which it may be difficult to trace out and identify, no fine shall be imposed under this section, unless it appears to the court that the articles were knowingly concealed by the dealer.
General dealers not to alter or deface articles without permission.
7. If any general dealer, after receiving information of the theft, embezzlement or fraudulent obtaining of any metals or other articles, melts, alters, defaces or puts away any metals or articles answering to the description of the aforesaid metals or articles, or causes the same to be melted, altered, defaced or put away, without having been authorised in writing by a justice of the peace so to do, and if it is found that the said metals or articles were stolen, embezzled or fraudulently obtained by the person from whom the general dealer received the same or by any other person, then in such case it shall be held that the general dealer knew that the said metals or articles were stolen, embezzled or fraudulently obtained, and he shall be proceeded against, according to law, as a receiver of stolen goods, and no evidence of his guilt shall be necessary other than the evidence of such melting, altering, defacing or putting away, after receiving such information as aforesaid.
Business not to be transacted with persons under fourteen years of age.
8.—(1) A general dealer shall not sell to or purchase from any person apparently under the age of fourteen years, whether such person is acting on his own behalf or on behalf of any other person.
(2) If any general dealer contravenes the provisions of this section, either by himself or any agent or servant, he shall be liable for each offence on summary conviction to a fine not exceeding five pounds.
General dealers not to transact business between certain hours.
9.—(1) A general dealer shall not sell to or purchase from or have any business transactions whatsoever with any person between ten o’clock on Saturday night and nine o’clock in the morning of the following Monday, or between ten o’clock on any other night and eight o’clock on the following morning: Provided that it shall be permissible to make delivery within the said hours of goods previously sold.
(2) If any general dealer contravenes the provisions of this section, either by himself or any agent or servant, he shall be liable for each offence on summary conviction to a fine not exceeding five pounds.
General dealers to have their names painted over shop doors.
10.—(1) Every person licensed as a general dealer under this Act shall have his name, with the words “licensed general dealer,” painted over the door or principal entrance of his premises in large characters, either black upon a white ground or white upon a black ground, and shall replace the same if removed, obliterated or defaced.
(2) If any person fails to comply with the requirements of this section he shall be liable for each offence on summary conviction to a fine not exceeding twenty shillings.
Rules.
11. The Lord Chancellor may make rules for prescribing anything which may under this Act be prescribed, and all rules so made shall be laid so soon as may be before both Houses of Parliament.
Definitions.
12. In this Act, unless the context otherwise requires,—
The expression “general dealer” means any person buying, otherwise than at a public auction held by a licensed auctioneer, or selling old metal, scrap metal, broken metal or partly manufactured metal goods in quantities, at each particular purchase or sale, of less, in the case of iron, than ten hundredweight, or, in the case of copper, of less than fifty-six pounds weight, or, in the cases of lead, zinc, spelter, machinery or tools, respectively, of less than one hundred and twelve pounds weight, or buying or selling in any quantities bottles, syphons, tools, bags, sacks, packing cases, boxes, articles of pottery or glass, whether such person deals in those articles only or together with second-hand goods or marine stores, but the said expression does not include a pawnbroker or a licensed dealer in plate; and
The expression “licensing authority” means, in the police district of Dublin Metropolis, any divisional justice of that district, and in any other place two or more justices of the peace sitting in petty sessions.
Short title.
13. This Act may be cited as the General Dealers (Ireland) Act, 1903.
Commencement of Act.
14. This Act shall come into operation on the first day of January one thousand nine hundred and four.