The Director of Services, Mr. Shane Tiernan presented the Draft Bye-Laws for adoption. He outlined the process to get to this stage and the benefits of adopting bye-laws in light of the fact that there are none at present and situations are arising whereby enforcement or regulation is impossible without such bylaws. In support of this he referred to:

·         Protection of existing licenced traders;

·         Parity and balance for existing rate payers;

·         Health and Safety and identity of spaces for legitimate traders with deterrent for ad-hoc setting up of stalls;

·         Deterrent against the sale of counterfeit goods;

·         Regulation and enforcement on pitches being set up on the side of the roads, causing potential road hazards;

·         Fees being fair and reasonable and costing no more than €2 per trading day.

He said that the process had gone through legislative requirements including draft bylaws going to public consultation with submissions sought and examined. Each submission was discussed at the Housing Corporate SPC and amendments were made to the draft bylaws in consideration of all submissions. He stated that where possible accommodation was made to the benefit of the traders and in consideration of the Council objectives. He stated that this was not an income generating initiative and was very much driven by need for regulations and that the proposed charges would only ever be to cover the administrative cost of enforcing the bylaws. He recommended that the Council adopt the bylaws as proposed.

Cllr. Cummins, Chairperson of the outgoing Corporate and Housing SPC outlined the work that had been undertaken over a large number of years to get the Bye Laws to this point and the need for regulation of the casual trading. He stated that some traders come and go and take up a considerable amount of space with sometimes poor layout and insecure pitches. He said the rate payers of the county will welcome the Bye-Laws.

It was PROPOSED by Cllr. Cummins

    SECONDED by Cllr. Crosby

That the Bye -Laws be adopted subject to the following amendments;

·         The sale of Cabbage Plants only from 1^st February to 1^st July inclusive be exempted

·         The sale of natural Christmas trees, wreaths and garlands from 24^th November to 24^th December not be exempted but subject to a licence fee of €25

·         That the side entrance gate to the Eight-til-Late premises on Main St. Roscommon be facilitated by a designated hatched area on the Map Schedule and the Casual Trading area not interfere with it.

While the members welcomed the introduction of Bye-Laws there was considerable debate on their introduction and in particular regarding fees payable by the fruit and vegetable traders on Main St. In Roscommon.

Cllr. Ward outlined the representations he had made for a number of years regarding the operation of long standing local traders selling local fruit and veg produce.  Other members also asked if there was grounds to facilitate this submission.

Other queries raised included:

·         The removal of the phone box on Main St. to facilitate a trading space.

·         Alternative one-hour parking spaces in Roscommon town as some of the spaces will be designated as casual trading.

·         How the bylaws and regulation would be enforced?

It was PROPOSED BY Cllr. Mulligan

                SECONDED by Cllr. Byrne

That one extra Casual Trading Pitch be allocated on The Square in Ballaghaderreen.

It was PROPOSED  by Cllr. Connaughton

SECONDED by Cllr. Byrne

That the €300 annual fee not be increased for at least five years, the period of this Council.

It was PROPOSED by Cllr. Keogh

            SECONDED by Cllr Naughten

That any proposed fee increase be presented to the Plenary Council for approval.

It was PROPOSED BY Cllr. Cummins

                SECONDED by Cllr. Leyden

That a right of way to the gateway at the side of Eight til Late shall be preserved and indicated by the inclusion of hatched space on the Map Schedule and the casual trading spaces not interfere with it.

It was PROPOSED by Cllr. Connaughton

                SECONDED by Cllr. Byrne

That the introduction of designated Casual Trading areas in Monksland and Elphin be considered by the incoming Corporate Strategic Policy Committee

It was PROPOSED BY Cllr. Ward

                SECONDED by Cllr. Shanagher

That the two traders, Muldoon and Caulfield family, currently trading on Main Street in Roscommon town be allowed to continue trading in these spaces and that no fees be applied in light of them being a traditional trader of fruit and vegetables.

Mr. Tiernan confirmed that many submissions were facilitated in the by-laws and are included in the Draft and he would facilitate all of the proposals made by the members with one exception as it would be impossible to introduce byelaws exempting specific traders as opposed to categories of trading from payment of fees.

The Chief Executive informed the members that the byelaws as presented are as a result of an open and transparent process. They will provide a system that is fair and there is a need for equity and regulation in this area. It should also be noted that the Council have a plan for the development of the towns through public realm works and it is important to have some regulation on trading to complement this.

Ms. Majella Hunt advised that the introduction of regulated casual trading spaces and the one-hour parking have been taken into consideration in the overall design of the public realm for Roscommon Town under the Urban Regeneration fund and Part 8 has already been completed.

It was PROPOSED BY Cllr. Cummins

                SECONDED by Cllr. Crosby

To adopt the Draft Casual Trading Byelaws 2019 subject to the following amendments only:

·         The sale of Cabbage Plants only from 1^st February to 1^st July inclusive be exempted

·         The sale of natural Christmas trees, wreaths and garlands from 24^th November to 24^th December not be exempted but subject to a licence fee of €25

·         That one extra Casual Trading Pitch be allocated on The Square in Ballaghaderreen.

·         That the Right of Way to the gateway at the side of Eight til Late shall be preserved and indicated by the inclusion of hatched space on the Map Schedule

·         That the €300 annual fee not be increased for at least five years, the period of this Council

·         That any proposed fee increase be presented to the Plenary Council for approval.

·         That the introduction of designated Casual Trading areas in Monksland and Elphin be considered by the incoming Corporate Strategic Policy Committee

The Meetings Administrator was requested to call a vote on the adoption of the Draft Casual Trading Bye-Laws with amendments as proposed which resulted as follows:

Voting for: Councillors, Byrne, Callaghan, Connaughton, Crosby, Cummins, Dineen, Fallon, Fitzmaurice, Keogh, Leyden, McDermott, Mulligan, Murphy, Naughten and Waldron (15)

Voting Against: Cllrs. Shanagher and Ward (1)

Absent:               Cllr. Kilduff (1)

The Cathaoirleach declared the resolution carried.