1 Citation and commencement

(1) This Act may be cited as the City of Westminster Act 1999.

(2) This Act shall come into operation at the end of the period of two months beginning with the date on which it is passed.

2 Interpretation

In this Act, except as otherwise expressly provided or unless the context otherwise requires—

• “authorised officer” means a person authorised by the council to act in relation to the relevant provisions of this Act;

• “the city” means the City of Westminster;

• “the Commissioner” means the Commissioner of Police of the Metropolis;

• “the council” means the Westminster City Council;

• “house” includes any part of a building constituting a separate dwelling;

• “ice cream trading” means the selling, exposing or offering for sale of goods consisting wholly or mainly of ice cream, frozen confectionery or other similar commodities;

• “itinerant ice cream trading” means ice cream trading from a vehicle which goes from place to place remaining in any one location in the course of trading for short periods only;

• “licence street” means a street or part of a street designated under section 5 (Designation of streets and specification of articles) and section 6 (Designating resolution) of this Act;

• “receptacle” includes a vehicle, trailer or stall and any basket, bag, box, vessel, stand, easel, board, tray or thing which is used (whether or not constructed or adapted for such use) as a container for or for the display of any article or thing or equipment used in the provision of any service;

• “street” includes—

  (a)

  any road or footway;

  (b)

  any other area, not being within permanently enclosed premises, within 7 metres of any road or footway, to which the public have access without payment;

  (c)

  any part of such road, footway or area;

  (d)

  any part of any housing development provided or maintained by a local authority under Part II of the [1985 c. 68.] Housing Act 1985;

• “street trading” means, subject to section 3 (Exemptions) of this Act—

  (a)

  the selling, offering for sale, display or exposing for sale of any article (including a living thing); and

  (b)

  the supplying or offering to supply a service for gain or reward,

  in a street;

• “street trading licence” means a licence granted under this Act but excludes a temporary licence;

• “street trading pitch” means the area authorised by a street trading licence or a temporary licence for street trading purposes;

• “temporary licence” means a licence granted under this Act for one or more days not exceeding six months.

3 Exemptions

The following are not street trading for the purposes of this Act—

(a) trading only as a newsvendor provided that no undue interference or inconvenience or safety hazard is caused to people using the street and that the only articles sold, exposed or offered for sale are current newspapers or periodicals and that such articles are being sold, offered or exposed for sale—

(i) without a receptacle; or

(ii) from a single receptacle which does not—

(A) exceed 1 metre in length or width or 2 metres in height; or

(B) occupy a ground area exceeding 0.25 square metres; or

(C) stand on the carriageway of the street.

(b) the selling of articles or things to occupiers of premises adjoining any street, or the offering or exposing of them for sale by a delivery person from a vehicle which is used only for the regular delivery of milk or other perishable goods to those persons.

(c) the selling, exposure or offer for sale of articles or the provision of services on private land adjacent to a shop provided that the selling, exposure or offer for sale of the articles or the provision of the services—

(i) forms part of the business of the owner of the shop or person assessed for uniform business rate of the shop; and

(ii) takes place during the period during which the shop is open to the public for business.

(d) the doing of anything authorised by regulations made under section 5 of the [1916 c. 31.] Police, Factories, &c. (Miscellaneous Provisions) Act 1916 or by permit or order made under Part III of the [1992 c. 41.] Charities Act 1992.

(e) trading by a person acting as a pedlar under the authority of a pedlar’s certificate under the [1871 c. 96.] Pedlars Act 1871, if the trading is carried out only by means of visits from house to house.

4 Itinerant ice cream trading

(1) Nothing in this Act shall apply to itinerant ice cream trading in any street unless—

(a) that street is a licence street; or

(b) the street has been designated as a prohibited street under the following provisions of this section.

(2) If at any time it is necessary to prohibit itinerant ice cream trading in any street in the city which is not a licence street in the interests of preventing a safety hazard, obstruction to traffic or undue interference or inconvenience to persons using that street, the council may by resolution designate the street as a prohibited street and may from time to time rescind or vary any such resolution.

(3) The council shall not pass such a resolution unless they have first given notice in writing of their intention to do so—

(a) to the Commissioner;

(b) to the highway authority (except where the council is the highway authority); and

(c) to any body which appears to the council to be representative of persons carrying on ice cream trading in the area affected by the proposed resolution.

(4) The notice shall—

(a) give details of the proposed resolution and the reasons for it; and

(b) state that representations may be made regarding the proposed resolution by the date specified in the notice as the due date which shall be not less than 42 days after the notice has been given.

(5) As soon as practicable after the due date the council shall consider all representations received by that date and may at their discretion consider representations received after that date.

(6) The council shall give to any person who makes representations by the due date an opportunity to make oral representations to the council and may at their discretion give to other persons making representations a similar opportunity.

(7) The council may pass the proposed resolution, with any modifications they consider appropriate as a result of any representations received under this section.

(8) As soon as practicable after passing a resolution under subsection (7) above, the council shall by notice in writing inform all persons given notice of the proposed resolution.

5 Designation of streets and specification of articles

(1) The council may pass any of the following resolutions:—

(a) a resolution designating a street or part of a street in the city as a licence street (a“designating resolution”);

(b) a resolution specifying that in relation to a licence street or streets either—

(i) only specified articles, things or services or classes of articles, things or services may be sold, offered or provided in that street; or

(ii) the sale, offer or provision of specified articles, things or services or classes of articles, things or services are prohibited in that street;

(a“specifying resolution”).

(2) The council may from time to time rescind or vary any such resolution.

6 Designating resolution

(1) The council shall not pass a designating resolution or rescind or vary such a resolution unless they have first given notice in writing of their intention to do so—

(a) to the Commissioner;

(b) to the highway authority (except where the council is the highway authority);

(c) to any body which appears to the council to represent the relevant street traders;

(d) to all licence holders whom the council could reasonably expect would be affected by the proposed resolution; and

(e) where the proposed resolution would designate private land, to the owner of that land or to the person assessed for the uniform business rate on it.

(2) The council may, if they think fit, also give notice in writing to residents associations or amenity societies representing residents living in the vicinity of the area which is the subject of a proposed designating resolution.

(3) The notice shall—

(a) give details of the proposed resolution; and

(b) state that representations may be made regarding the proposed resolution by the date specified in the notice as the due date, which date shall be not less than 28 days after the notice has been given.

(4) As soon as practicable after the due date the council shall consider all representations received by that date and may at their discretion consider representations received after that date.

(5) The council shall give to any person who makes representations by the due date an opportunity to make oral representations to the council and may at their discretion give to other persons making representations a similar opportunity.

(6) The council may pass the proposed resolution with any modifications they consider appropriate as a result of any representations received under this section except that no designating resolution may be passed—

(a) in respect of private land without the consent of the owner of that land or the person assessed for the uniform business rate on it or;

(b) in respect of a highway in respect of which the council is not the highway authority, without the consent of the highway authority.

(7) As soon as practicable after passing a resolution under subsection (6) above the council shall by notice in writing inform all persons given notice of the proposed resolution.

(8) If a street trading pitch becomes temporarily unsuitable for street trading purposes the council may after consulting the Commissioner, the highway authority, the licence holder and any other body or person they think fit, temporarily designate an alternative location for that pitch.

(9) A temporary designation under subsection (8) above shall remain in force for a period of no longer than five years from the date of designation and the street trading licence for the temporarily unsuitable pitch may be transferred, with any necessary modification to that licence, to the temporarily designated pitch.

7 Specifying resolution

(1) The council shall not pass a specifying resolution or rescind or vary such a resolution unless they have first given notice in writing—

(a) to all licence holders whom the council could reasonably expect would be affected by the proposed resolution; and

(b) to any body which appears to the council to represent such licence holders.

(2) The notice shall—

(a) give details of the proposed resolution; and

(b) state that representations may be made regarding the proposed resolution by the date specified in the notice as the due date which date shall be not less than 28 days after the notice has been given.

(3) As soon as practicable after the due date the council shall consider all representations received by that date and may at their discretion consider representations received after that date.

(4) The council shall give to any person who makes representations by the due date an opportunity to make oral representations to the council and may at their discretion give to other persons making representations a similar opportunity.

(5) The council may pass the resolution with any modifications which they consider appropriate as a result of any representations received under this section.

(6) As soon as practicable after passing a resolution under subsection (5) above the council shall by notice in writing inform all parties given notice of the proposed resolution.

8 Licensing of street traders

(1) Subject to section 4 (Itinerant ice cream trading) of this Act it shall be unlawful for any person to engage in street trading (whether or not in or from a stationary position) within the city unless that person is authorised to do so by a street trading licence or a temporary licence.

(2) For the purposes of this Act a person shall be deemed to engage in street trading whether or not he regularly carries on the business of street trading.

9 Street trading licences

(1) The council may grant a street trading licence on such reasonable terms and conditions relevant to street trading as the council may specify.

(2) Without prejudice to the generality of subsection (1) above such conditions may include conditions—

(a) identifying the street trading pitch at which the licence holder may engage in street trading under the licence;

(b) identifying the articles, things or services or the classes of articles, things or services which the licence holder may sell or expose or offer for sale or provide;

(c) identifying the days and times during which the licence holder may engage in street trading;

(d) identifying the nature, type and number of any receptacle which may be used by the licence holder in connection with the sale or exposure or offer for sale of articles or things or the provision of services;

(e) requiring that any receptacle so used shall carry in a conspicuous position the name of the licence holder and the number of his licence in a form acceptable to the council;

(f) identifying any position in the licence street or adjoining streets where articles or things needed for re-stocking any such receptacle may be stored and the period during which they may be so stored;

(g) regulating the storage of receptacles or perishable goods;

(h) regulating the deposit and removal of refuse and the containers to be used for the deposit of refuse and their location pending its removal;

(i) requiring that the licence holder shall commence trading by a certain time on any day or forfeit his right to trade under his street trading licence for that day; and

(j) requiring third party insurance cover.

(3) Such conditions may also include conditions relating to the prevention of nuisance and may include specific restrictions relating to the hours between 10 p.m. on Sunday to Friday and 7 a.m. the day following and 10 p.m. on Saturday and 9 a.m. on Sunday.

(4) A street trading licence shall remain in force until it is cancelled or revoked by the council.

(5) A licence granted to an individual shall bear his photograph. The photograph, subject to subsection (7) below, shall be one of the photographs provided pursuant to subsection (3) of section 11 (Applications) of this Act.

(6) Where a licence is granted to an individual the council may give him notice in writing, at intervals of not less than five years, requiring him to provide the council with three new photographs of the type prescribed by subsection (3) of section 11 (Applications) of this Act, signed as there provided, but the council may, at their discretion, accept a lesser number of photographs.

(7) On each occasion when new photographs are provided by a licence holder pursuant to subsection (6) above the council shall re-issue his licence and the re-issued licence shall bear one of the new photographs.

(8) Where a licence is granted to a company incorporated under the Companies Acts, to an unincorporated association or to a partnership to carry on ice cream trading, any individual carrying on ice cream trading in accordance with that licence shall at all times while he is so trading carry with him, and produce on request by an authorised officer or a constable, a recent photograph of himself authenticated by the company or on behalf of the unincorporated association or partnership, as the case may be, which holds the licence.

(9) Where a licence is granted to an individual he shall at all times while engaged in street trading carry with him, and produce on request by an authorised officer or a constable, either the licence or an approved form of identity issued by the council for the purposes of this Act.

10 Standard conditions

(1) The council may prescribe standard conditions which are to apply to all street trading licences.

(2) Before prescribing such conditions or changing any condition so prescribed, the council shall first give notice in writing to all holders of street trading licences whom the council could reasonably expect would be affected by the proposed conditions or changes to the conditions and to any body which appears to the council to represent such licence holders.

(3) The notice shall—

(a) give details of the proposed conditions or changes to the conditions;

(b) state that representations may be made with regard to the proposal by the date specified in the notice as the due date, which date shall be not less than 28 days after the notice has been given.

(4) As soon as practicable after the due date the council shall consider all representations received by that date and may at their discretion consider representations received after that date.

(5) The council shall give to any person who makes representations by the due date an opportunity to make oral representations to the council and may at their discretion give to other persons making representations a similar opportunity.

(6) The council may prescribe the proposed conditions or changes to conditions with any modifications they consider appropriate as a result of any representations received under this section.

(7) As soon as practicable and in any event no later than 7 days after prescribing such conditions or changes to conditions the council shall by notice in writing inform all the holders of street trading licences to whom previous notice was given under subsection (2) above of the conditions or changes to conditions and the conditions or changes to conditions shall come into force 35 days after the date on which the conditions or changes to conditions were prescribed.

11 Applications

(1) An application for the grant or variation of a street trading licence shall be made in writing to the council in such form as the council may prescribe.

(2) In the application the applicant shall state—

(a) in the case of an application by an individual, his full name and home address and date of birth;

(b) in the case of an application for a licence to carry on ice cream trading—

(i) by a company incorporated under the Companies Acts, the name of the company and its registered office;

(ii) by a partnership or unincorporated association, the names of its members and the address of its principal office;

(c) the licence street in which, the days on which and times between which he desires to trade and, if appropriate, the street trading pitches from which he desires to trade;

(d) the description of articles, things or services in which he desires to trade; and

(e) such other particulars, relevant to street trading, as the council may reasonably require:

and may in the case of an individual specify the name of the person to whom he would wish the licence to be granted in the circumstances of any of the events listed in section 20 (Succession) of this Act.

(3) In the case of an application by an individual the applicant shall, with his application, hand to an authorised officer three identical clear full face photographs of himself, without headgear (unless on religious grounds the applicant permanently wears headgear) or sunglasses, taken within the preceding 12 months, each photograph being signed by the applicant on the reverse, but the council may, at their discretion, accept a lesser number of photographs.

(4) If a standard condition prescribed under section 10 (Standard conditions) of this Act requires third party insurance cover the applicant shall produce to an authorised officer proof of such third party insurance cover before a licence is granted.

(5) The council may make regulations prescribing the procedure for determining applications.

(6) Before making such regulations or changing them the council shall consult with any body which appears to the council to represent licence holders and give consideration to any representations received within 28 days of the date the council’s proposals were notified to the body concerned.

12 Mandatory grounds of refusal

(1) The council shall refuse to grant an application made under section 11 (Applications) of this Act—

(a) where the applicant is not an individual;

(b) where the applicant is under the age of 17 years;

(c) where the applicant holds a street trading licence in any other licence street granted under this Act, or a street trading licence in the area of another local authority granted under the [1990 c. vii.] London Local Authorities Act 1990 which, in either case, enables him to carry on street trading during the period stated in his application;

(d) where the council are satisfied that there is not enough space in the street for the applicant to engage in the trading in which he desires to trade without causing a safety hazard or undue interference or inconvenience to persons or vehicular traffic using the street;

(e) where the street to which the application relates is a street in respect of which a specifying resolution is in force and the grant of the licence would be contrary to any of the terms of that resolution;

(f) to trade in a street which is not a licence street.

(2) Subsection (1)(a) above shall not apply where the application is to carry on ice cream trading.

13 Discretionary grounds of refusal

(1) The council may refuse to grant an application made under section 11 (Applications) of this Act on any of the following grounds:—

(a) that, in the case of an application for the grant of a licence the council considers that there are enough traders trading in the street or in any street adjoining the street in respect of which the application is made in the goods in which the applicant desires to trade;

(b) that the applicant is on account of misconduct or for any other sufficient reason unsuitable to hold a street trading licence;

(c) that the applicant has persistently failed to comply with any condition of his street trading licence or a previous street trading licence held by the individual, member of the unincorporated association or partnership or company concerned;

(d) that the applicant is an individual who has persistently without reasonable excuse failed to make full personal use of a previous street trading licence;

(e) that the applicant is a partnership, unincorporated association or company which has without reasonable excuse persistently failed to avail itself fully of a previous street trading licence;

(f) that the applicant has at any time been granted a street trading licence by the council which was revoked or could have been revoked on the grounds that he had refused or neglected to pay fees or other charges due to them in respect of the licence;

(g) that the applicant has failed to provide or to identify suitable or adequate premises for the storage of any receptacles or perishable goods in which he proposes to trade when street trading is not taking place;

(h) that since the grant of a previous street trading licence the licence holder has persistently failed to remove to the place of storage the receptacles used by him for trading or any perishable goods in which he trades;

(i) that in the vicinity of the street trading pitch concerned undue disturbance is likely to be caused as a result of the proposed activities of the applicant;

(j) that in the case of an application for the grant of a street trading licence—

(i) the only available position is in that part of the street which is in front of any part of the frontage of a shop or in front of the paved area of the frontage of that shop; and

(ii) the articles, things or services mentioned in the application are sold or provided at the shop;

(k) that in the case of an application for the grant of a street trading licence—

(i) the only available position in the street is within the curtilage of a shop; and

(ii) the applicant is not the owner or occupier of the premises comprising the shop.

(2) If the council consider that grounds for refusal exist under subsection (1) (a), (c), (d), (e) or (i) above they may grant the applicant a licence which permits him—

(a) to trade on fewer days or during a shorter period in each day than is specified in the application; or

(b) to trade on a different street trading pitch from that specified in the application; or

(c) to trade in goods other than those specified in the application or in only some of the goods so specified.

14 Cancellation of licences

A holder of a street trading licence or a temporary licence may at any time surrender his licence with a written and signed request for its cancellation and the cancellation shall take effect when the licence together with the request for its cancellation is received by the council.

15 Revocation of licences

(1) The council may at any time revoke a street trading licence or a temporary licence if they are satisfied that—

(a) owing to circumstances which have arisen since the grant of the licence, there is not or will not be enough space in the street in which the licence holder trades for him to engage in the trading permitted by the licence without causing a safety hazard or undue interference or inconvenience to persons or vehicular traffic using the street; or

(b) the licence holder is trading in breach of the terms of a specifying resolution; or

(c) the licence holder is an individual who has persistently without reasonable excuse failed to make full personal use of his licence; or

(d) the licence holder is a partnership, unincorporated association or company which has without reasonable excuse persistently failed to avail itself fully of the licence; or

(e) the licence holder is on account of misconduct or for any other sufficient reason unsuitable to hold the licence; or

(f) since the grant of the licence, the licence holder has for a period of four weeks or more failed to pay fees or charges due to the council in connection with the street trading licence or has failed to pay any charges due from him for accommodation provided in pursuance of subsection (2) of section 23 (Receptacles and containers) of this Act; or

(g) since the grant of the licence, the licence holder has persistently failed to pay fees or charges as they fall due to the council in connection with the street trading licence; or

(h) since the grant of the licence, the licence holder has failed to make provision for the suitable and adequate storage when trading is not taking place of the receptacles used by him for trading or of any perishable goods in which he trades; or

(i) since the grant of the licence, the licence holder has persistently failed to remove to the place of storage the receptacles used by him for trading or any perishable goods in which he trades; or

(j) the licence holder has persistently failed to comply with any condition of his licence; or

(k) in the vicinity of the street trading pitch concerned undue disturbance has been caused by the activities of the licence holder; or

(l) the licence holder has failed to provide the council with the photographs required in pursuance of a notice under subsection (6) of section 9 (Street trading licences) of this Act.

(2) If the council consider that a licence could be revoked on any of the grounds mentioned in paragraphs (a) to (d) and (k) of subsection (1) above they may instead of revoking it, vary its conditions by attaching further conditions—

(a) reducing the number of days in any week or the period in any one day during which the licence holder is permitted to trade; or

(b) specifying a different street trading pitch at which licensed street trading may take place; or

(c) restricting the description of articles, things or services in which the licence holder is permitted to trade.