In a test case regarding the rights to do casual trading at street markets, the proprietor of a business selling specialist foods at markets all over Ireland has failed to obtain a High Court order against Kilkenny Borough Council.
The action was brought by Toby Simmonds (34), Toonsbridge, Macroom, Co Cork, who sells olives and Mediterranean-style foods both directly and wholesale. He claims a right to trade at The Parade location in the town. Mr Simmonds argued that his right to hold a market was established in the city under the Kilkenny Market Act of 1861.
Mr Justice Thomas Smyth found that Mr Simmonds did not enjoy such a right under the 1861 Act as claimed and that the local council was entitled to control the market and its location.