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Occasional trading.
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2.—(1) Subject to subsection (2) of this section, “occasional trading” means selling goods by retail at a premises or place (not being a public road or other place to which the public have access as of right) of which the person so selling has been in occupation for a continuous period of less than three months ending on the date of such selling.
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(2) Occasional trading does not include—
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(a) selling by auction (other than by Dutch auction) by the holder of a licence or permit for the time being in force under the Auctioneers and House Agents Acts, 1947 to 1973,
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(b) selling at a trade, commercial, agricultural or industrial fair or show that is held wholly or mainly for a purpose other than the selling of goods,
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(c) selling of agricultural or horticultural produce (including livestock) by the producer thereof or his servants or agents acting as such,
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(d) selling to a person at, or at a place adjacent to, the place where he resides or carries on business,
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(e) selling by or on behalf of the State or a Minister of the Government,
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(f) selling of ice-cream, sweets, chocolate confectionery, cooked foods (other than those cooked at the place of sale), fruit or non-alcoholic beverages from a tray, basket, barrow, trolley or other similar device at an event to which the public are admitted whether subject to or free of charge, or on the day on which, and at or in the immediate vicinity of the place at which, there takes place, such an event,
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(g) selling of ice-cream (with or without wafers, biscuits or cornets), newspapers, periodicals, magazines or other printed matter or pious or religious objects,
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(h) selling of fish,
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(i) selling the profits of which are used for charitable or other purposes from which no private profit is derived or intended to be derived,
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(j) selling of hand-crafted goods by the maker thereof or the spouse or child of such maker.
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(3) The Minister may, by regulations, amend subsection (2) of this section and that subsection shall have effect in accordance with any such regulations.
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