The Casual Trading Act 1995 (CTA), provides for a control and regulatory system for trading in public. The implementation of the CTA lies with Local Authorities. The Act empowers Local Authorities to grant casual trading licences and make bye-laws as they require on the control, regulation and administration of casual trading in its own functional area.
There is currently no specific national licensing system for the operation of saunas at beaches. A range of existing legislative provisions may apply depending on the individual circumstances, including planning, environmental health, and local authority bye-laws. Neither I as Minister nor my Department have a role in the day-to-day administration of casual trading licences.
My Department has previously examined broader issues relating to trading in public spaces through its review of the Casual Trading Act 1995 and the Occasional Trading Act 1979, which included a public consultation. This work was completed before COVID-19 and, as such, pre-dates possible changes in consumer behaviour and the emergence of new service-based activities, like saunas.
Given this passage of time, in addition to competing work priorities which have to-date included the introduction of a large swathe of consumer protection legislation and indeed Ireland’s forthcoming Chair of the EU Presidency, my Department will in due course consider the current position to determine if any changes are required to the Casual Trading Act.