Lyons v Kilkenny Corporation

• Jurisdiction: Ireland
• Judge: Mr. Justice Barron
• Judgment Date: 13 February 1987
• Neutral Citation: 1987 WJSC-HC 940
• Court: High Court
• Date: 13 February 1987

1987 WJSC-HC 940

THE HIGH COURT

Circuit Appeal

LYONS v. KILKENNY CORPORATION

THOMAS LYONS & ORS

.V.

THE MAYOR ALDERMEN & BURGESSES OF THE BOROUGH OF KILKENNY

Citations:

CASUAL TRADING ACT 1980 S4

CASUAL TRADING ACT 1980 S5

CASUAL TRADING ACT 1980 S7

CASUAL TRADING ACT 1980 S7(8)

CASUAL TRADING ACT 1980 S5(1)(a)

LOCAL GOVT (FINANCIAL PROVISIONS) (NO 2) ACT 1983 S2

LOCAL GOVT (FINANCIAL PROVISIONS) (NO 2) ACT 1983 S2(1)

Synopsis:

LOCAL GOVERNMENT

Service charges

Casual trading area - Car park - Bye-laws - Section 7(8) of the Act of 1980 empowered the defendant local authority to make bye- laws in relation to the control, regulation and administration of casual trading in a casual trading area - On 10/12/84 the defendant made a bye-law which stated that charges for rental of trading bays would be decided by the county manager in accordance with the Act of 1983 - On 21/12/84 the county manager imposed a charge of #100 p.a. for each car bay occupied by a permit holder, in addition to the statutory permit fee of #20 - Held that a casual trading permit, issued by the defendant pursuant to s.5 of the Act of 1980 on payment of the #20 fee thereby authorised, entitled the permit holder to engage in casual trading at the place specified in his permit - Held that the defendant's power to make a bye-law pursuant to s.7(8) of the Act of 1980 would have to be exercised so as to recognise the right of a permit holder to use the area specified in his permit, and could not have been invoked to impose an additional charge for that use - Held that the order of the county manager was made ~ultra vires~ as the defendant could not delegate to him the defendant's power to make bye-laws - Held that the said order was not authorised by s.2 of the Act of 1983 - Casual Trading Act, 1980, ss.5, 7 - Local Government (Financial Provisions) (No. 2) Act, 1983, s.2 - (Ct. App. - Barron J. - 13/2/87)

|Lyons v. Corporation of Kilkenny|

STATUTE

Powers

Exercise - Delegation - Local authority - Bye-laws - Defendant local authority was empowered by s.7(8) of the Act of 1980 to make bye-laws in relation to the control, regulation and administration of casual trading in a casual trading area - The defendant made a bye-law which provided that charges for rental of parts of such trading area would be decided by the county manager - A charge for the occupation of each part of that area was imposed by order made by the county manager - Held that the order was made ~ultra vires~ the county manager as the defendant could not delegate to him the defendant's power to make bye-laws pursuant to s.7(8) of the Act - Casual Trading Act, 1980 ss.5, 7 - (Ct. App. - Barron J. - 13/2/87)

|Lyons v. Corporation of Kilkenny|

TRADE

Street trading

Charges - Validity - Local authority - Bye-laws - Delegation - Part of car park was designated as a casual trading area - Section 7(8) of the Act of 1980 gave the defendant local authority power to make bye-laws in relation to the control, regulation and management of casual trading in a casual trading area - On 10/12/84 the defendant made a bye-law which stated that charges for rental of trading bays would be decided by the county manager in accordance with the Act of 1983 - On 21/12/84 the county manager imposed a charge of #100 p.a. for each car bay occupied by a permit holder, in addition to the statutory permit fee of #20 - Held that a casual trading permit, issued by the defendant pursuant to s.5 of the Act of 1980 on payment of the #20 fee thereby authorised, entitled the permit holder to engage in casual trading at the place specified in his permit - Held that the defendant's power to make a bye-law pursuant to s.7(8) of the Act of 1980 must be exercised so as to recognise the right of a permit holder to use the area specified in his permit, and cannot be invoked to impose an additional charge for that use - Held that the order of the county manager was made ~ultra vires~ as the defendant could not delegate to him the defendant's power to make bye-laws - Held that the said order was not authorised by s.2 of the Act of 1983 - Casual Trading Act, 1980, ss.5, 7 - Local Government (Financial Provisions) (No. 2) Act, 1983, s.2 - (Ct. App. - Barron J. - 13/2/87)

|Lyons v. Corporation of Kilkenny|

Mr. Justice Barron

1 The Plaintiffs are casual traders. They are the holders of casual trading licences issued pursuant to the provisions of Section 4 of the Casual Trading Act1980and are also the holders of casual trading permits issued by the Defendants pursuant to the provisions of Section 5 of the same Act which entitle them to trade in a specified portion of a Corporation car park at John Street, Kilkenny. A dispute has arisen between them and the Corporation in relation to a charge which the Corporation purported to levy for use of this designated area by reason of an Order of the County Manager made on the 21st December 1984 that each casual trader should pay a fee of £100 a year for each car space allotted to him for casual...