This article is from page 18 of the 2006-05-02 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 18 JPG
IT IS inevitable that the format for controlling markets in the county will change.
That is according to a Clare County Council source who said that the current legislation adopted by the county differs from every other local authority in Munster.
The official made the statement in the same week that some smaller towns across Clare lost their 400year-old right to hold a market under the Casual Trading Act introduced in 1995.
Under section 74 of the act any town or village that did not exercise its right to hold a market for more than ten years lost the right. At least four villages in the county are believed to have lost that right as of May 1.
Under the Casual trading act local authorities could decide to issue casual trading licence or allow trading only in designated areas.
All counties in Munster except Clare opted for the latter. As a result Clare County Council currently allows all traders with a casual licence to trade in areas the public have a right to, including public roads.
It is now inevitable, a council official has said, that Clare will impose designated areas for trading.
To add further complication to the trading laws some families have rights to trade in public areas going back hundreds of years.
For example in Ballyvaughan, WM McNamara, during the fourth year of the reign of William IV, was given a licence for a four-day market. It is unlikely, however, that his descendants will be traced to ask if they intend to keep this right.
Private marketing licences not dissimilar to that example are currently the subjects of a court case taken in Bantry, Co Cork.
Court cases are never too far away when trading and associated rights are concerned. As well as the now infamous high court challenge of the Cliffs of Moher traders, Clare County Council also faced a court challenge in Kilkee in 1990.
The council tried to move that traders from the market square to the Well Road car park but the court decided to move the traders would be restrict them.
Ennis Town Council and Kilrush Town Council have their own by-aws for trading.