Review sought for Casual Trading Byelaws in this Kildare MD
The MD’s councillors were advised to ‘identify the specific issues that they want the review to address’
Kildare County Council (KCC) has been urged to undertake a review of the Casual Trading Byelaws for the Clane-Maynooth Municipal District (MD).
The request was heard at the latest Clane-Maynooth MD meeting, which took place on Friday, September 4 last.
It was submitted near the end of the meeting by Social Democrats Cllr Peter Melrose.
In response, KCC said via the report it submitted at the meeting that it acknowledged the request.
KCC elaborated: “The current byelaws are the KCC Casual Trading Byelaws for the Market Square Maynooth 2013; they designate the Market Square in Maynooth as a casual trading area and provide the regulatory framework for the operation of the market.
“Under the current framework, public casual trading locations must be designated in the byelaws.”
KCC continued: “The existing byelaws do not provide an open-ended mechanism whereby an applicant may nominate another public location elsewhere in the MD.
“Any proposal to introduce casual trading in another public area, or to materially alter the existing arrangements in Maynooth, would therefore need to be considered as part of a formal review.
“KCC is currently administering annual casual trading licences at the Square in Maynooth.
“Recent operational engagement has considered pitch availability, layout and the concentration of stalls within the main plaza and adjoining avenue, with the objective of supporting a more cohesive and attractive market area.”
CONSIDERATIONS
KCC also pointed out that a review could consider a wide number of factors, including: the continued suitability and layout of the designated area in Maynooth; the number, size and allocation of pitches; trading days, hours and permitted uses; and access, accessibility, traffic and pedestrian safety.
KCC further said: “The adoption of the motion would commence the review process, but would not itself amend the existing byelaws.
“The statutory process requires publication in at least two newspapers and an inspection period of not less than one month; this is followed by a further two-week period for written submissions. The legislation also provides for an appeal to the District Court, and if an appeal is made, KCC cannot complete the byelaw-making process until it has been determined.
“Additional time would be required for preliminary assessment, engagement with traders, mapping, drafting, legal review, consideration of submissions and implementation.”
Moreover, KCC recommended the MD’s councillors to ‘identify the specific issues that they wish the review to address’.
KCC added that, following this, ‘the Executive can then prepare a scoped assessment setting out the legal, operational, technical and financial implications before draft revised byelaws are brought to the members for consideration’.
Funded by the Local Democracy Reporting Scheme.