Casual Trading - Sale of Goods?

Hooleyo

I just have a few business ideas floating about in my head. One of them involves (advertising) and offering a service in a public place.

It seems that both the Street Trading Act and the Casual Trading Act regulate and cover the sale of goods. I see no mention of it being illegal to offer a service which does not involve the exchange of "goods" and "sell-able wares". Are there any regulations does anyone know in relation to the sale of a service on a public thoroughfare?

Also, I would be interested to know, from this, how the sale of goods is understood in law. If I sell something on adverts.ie (say), and then meet the person in a public place to exchange the goods for money, is this subject to casual trading legislation? - or is the point of contact a defining factor in this?

Any insights and views would be welcome.

Hooleyo

*And this is distinct from laws in the UK which explicitly state the sale of Goods and Services in their equivalent legislation.

mrawkward

Will you have a physical pitch such as pop-up display or similar?

Peregrinus

Hooleyo wrote: »

I just have a few business ideas floating about in my head. One of them involves (advertising) and offering a service in a public place.

It seems that both the Street Trading Act and the Casual Trading Act regulate and cover the sale of goods. I see no mention of it being illegal to offer a service which does not involve the exchange of "goods" and "sell-able wares". Are there any regulations does anyone know in relation to the sale of a service on a public thoroughfare?

Also, I would be interested to know, from this, how the sale of goods is understood in law. If I sell something on adverts.ie (say), and then meet the person in a public place to exchange the goods for money, is this subject to casual trading legislation? - or is the point of contact a defining factor in this?

Any insights and views would be welcome.

On the second question, the Street Trading Act does cover offering, exposing and carrying of goods for sale, so if you carry your goods in a public place in order to sell them to a person who has previously agreed to buy them, and who you have agreed to meet there, I think you're within the Street Trading Act. Of course, if this is a single transaction the authorities are unlikely to know about it, or to care if they do, but if you had arranged a large number of transactions and told all the purchasers to meet you at the same place and time to settle the transactions, I think you'd have a problem.

On the first question, it would seem that providing service - e.g. a shoeshine stand, or a tourist-oriented offer to sing a song or recite a poem in return for payment - wouldn't be street trading or casual trading within either Act. However you'd also want to look at any local bye-laws that may be applicable - the Oireachtas might not regulate what you propose to do, but the local authority may.

You also need to be aware that there's no general right to do anything you like in the public street. There's a public right of way, meaning that you can pass along the street to go from A to B, but you've no general right to stand indefinitely in the one spot, and if you do so in a way that impedes people who are using the street to go from A to B (e.g. by attracting a crowd, or by narrowing the usable pavement) you're causing an obstruction.

pedroeibar1

Hooleyo wrote: »

I just have a few business ideas floating about in my head. One of them involves (advertising) and offering a service in a public place....................

You appear to be looking for legal advice which is against the charter. The activities you describe are also covered by the Advertising Standards Code ; signage etc is regulated by Planning Laws.

Hooleyo

mrawkward wrote: »

Will you have a physical pitch such as pop-up display or similar?

No. It wouldnt involve any physical patch (like a stall etc)

Hooleyo

Peregrinus wrote: »

On the second question, the Street Trading Act does cover offering, exposing and carrying of goods for sale, so if you carry your goods in a public place in order to sell them to a person who has previously agreed to buy them, and who you have agreed to meet there, I think you're within the Street Trading Act. Of course, if this is a single transaction the authorities are unlikely to know about it, or to care if they do, but if you had arranged a large number of transactions and told all the purchasers to meet you at the same place and time to settle the transactions, I think you'd have a problem.

Thats interesting. Because Id say there are commercial operations who do this systematically. Say, some of the emergency car repair companies or possibly even tow truck companies where one might pay on location. And I very much doubt they have casual trading licences.

There's a public right of way, meaning that you can pass along the street to go from A to B, but you've no general right to stand indefinitely in the one spot, and if you do so in a way that impedes people who are using the street to go from A to B (e.g. by attracting a crowd, or by narrowing the usable pavement) you're causing an obstruction.

I understand that. Obstruction seems to be one of the laws used against people offering a service (without goods), such as in this case in Galway.

https://www.thesun.ie/news/521339/galway-city-councillor-billy-cameron-calls-for-ban-on-traders-offering-hair-braiding-on-galway-city-streets/

antoinolachtnai

pedroeibar1 wrote: »

You appear to be looking for legal advice which is against the charter. The activities you describe are also covered by the Advertising Standards Code ; signage etc is regulated by Planning Laws.

The advertising standards code doesn't govern anything. It is an industry code of practice. :eek:

pedroeibar1

antoinolachtnai wrote: »

The advertising standards code doesn't govern anything. It is an industry code of practice. :eek:

I never said it governed anything. It is a code of practice drawn up by and for practitioners in that industry, a bit like the Code of Conduct for the Bar of Ireland, (another bit of self-regulation).
OP, like most of that type, is sparse on information and probably is planning something akin to a mobile car washing service, so s/he would be a sandwich board merchant rather than a client of JCDecaux.

Hooleyo

pedroeibar1 wrote: »

I never said it governed anything. It is a code of practice drawn up by and for practitioners in that industry, a bit like the Code of Conduct for the Bar of Ireland, (another bit of self-regulation).
OP, like most of that type, is sparse on information and probably is planning something akin to a mobile car washing service, so s/he would be a sandwich board merchant rather than a client of JCDecaux.

Although I did mention advertising, advertising is not my main concern here. But providing a service in a public place without a licence. There wouldnt be any sandwich boards

Peregrinus

Hooleyo wrote: »

Thats interesting. Because Id say there are commercial operations who do this systematically. Say, some of the emergency car repair companies or possibly even tow truck companies where one might pay on location. And I very much doubt they have casual trading licences.

Paying on location isn't the problem. The companies you describe are providing a service, not selling goods, so they're OK. My suggestion was that if you agreed a sale of goods over the internet or over the phone, and then met the customer in the street (by appointment) to exchange goods and cash, that would come within the legislation (but would probably be ignored, unless you were doing it on a scale that was causing practical problems).