Back to drawing board as councillors want route for coffee cart licences

The members of the Mullingar Kinnegad Municipal District are to restart the process of drawing up casual trading by-laws for the area.

Fishmongers, horsebox coffee shops, and occasional sellers of agri produce all came up for mention at the district’s November meeting as council official Pat Keating attempted to explain to members what sort of traders require licences, and the need to ensure the business of rate-paying firms is not affected.

Before the members was a report on new draft by-laws, but members ultimately decided not to adopt them, but to go back to the drawing board.

In his presentation on the draft by-laws, Mr Keating explained that there were by-laws in place but it had been decided earlier this year that the county’s two municipal districts would come up with their own by-laws.

However, during the public consultation process – which ended on October 15 – just three submissions were received.

Mr Keating explained that one of the changes in the draft was intended to facilitate the fishmonger in Mullingar, whose bay had to be altered after the town enhancement works.

Cllr Ken Glynn raised a query about people who operate what he called “small little trucks” along the greenways. These were, he said, in areas where there was no local service.

“In essence, if these by-laws are adopted today does that is more or less cut them out?” he asked, going on to enquire if there were opportunities for them to get licences.

“My reading of it is that it’s more or less cuts them out – which I think would be a pity and would put a number of people out of a job straight away,” he said, adding that he would prefer if their situation could be regularised.

Cllr Bill Collentine was anxious to ensure the fishmonger is not moved out of Dominick Street, while Cllr Frank McDermott said that a Covid canopy has been erected in Castlepollard, and as a result, a new bay is required there to accommodate Castlepollard’s visiting fishmonger.

Cllr Hazel Smith was anxious to see the horsebox coffee shops accommodated: “As part of this, can we not look at the application process for traders who want to apply for this as well?

“It’s not particularly clear what the criteria is for them,” she said.

The mayor, Cllr Aoife Davitt, wondered what rules governed the roadside sellers of strawberries and potatoes, and asked if similar arrangements could cover the horsebox coffee shops.

Mr Keating responded that the draft by-laws did not include provision for casual trading bays along tracks such as the Old Rail Trail, adding that along the canal greenway, it is actually Irish Water that is in control, and not the council.

He went on to explain that the executive’s view had been that the greenways should open up towns and villages that wouldn’t have had a passing trade in the past.

“The thinking was that we would rather encourage people to visit those towns and villages when they’re on the greenways and to avail of the facilities there, rather than having somebody coming from outside and setting up alongside the canal,” he said, adding that during the public consultation, no submissions had been received requesting that such trading be allowed.

Mr Keating went on to explain that the proposed by-laws were a bit more restrictive than the previous by-laws in that the council was trying to make it more the case that stalls would be for either something unique to the county or for particular goods – “and not selling tape decks or whatever from the back of a lorry”.

He also explained that an exception in the Casual Trading Act allows the sale of strawberries and new potatoes, so these are not governed by the by-laws. But this exception would not cover coffee carts.

Cllr Glynn stated that he would have an issue with supporting the by-laws as they were going to put out of business “people that have put on their entrepreneurial hat and tried to make a difference”.

He said if somebody is cycling or out for a walk, it would be great if they go support the local shop, but there are lots of areas that don’t have such facilities.

Cllr Collentine disclosed that the Tidy Towns committee has plans to develop the old rail platform at Newbrook, and he wondered if they would be ruled out of getting a coffee stand licence for there.

Cllr Smyth agreed that no one wanted businesses selling goods out of the back of a lorry, she felt the council should be trying to encourage local farmers markets, or people producing foods or craft locally who may not be in a position to rent a premises in the town centre.

Mr Keating responded that “casual trading” applies to public lands, so if someone was to set up a garage forecourt or at the army barracks and operate something, the by-laws did not apply.

On the proposal of Cllr Glynn, members opted not to adopt the draft.

Mr Keating stated that the executive would be guided by the members, and he noted that the members might well wish to add locations where trading was permitted.

“We could possibly advertise and go through the process again,” he said, undertaking to report back in December.