SCHEDULES

Section 11

SCHEDULE 1 Sections of Public Health Act 1936 (c. 49) applied to section 11 (advertising: measures to be taken on surfaces) of this Act

Section 31

SCHEDULE 2 Modification of enactments in enforcement action zone

Part 1 Modification of enactments within enforcement action zone

Part 2 Modification of enactments: general

Section 49

SCHEDULE 3 Part III of the London Local Authorities Act 1990 (c. vii) as having effect as amended by the London Local Authorities Act 1994 (c. xii), the London Local Authorities Act 2004 (c. i) and this Act

Part III Street Trading

21 Interpretation of Part III

(1) In this Part of this Act—

• “grant”, unless the context otherwise requires, includes renew and renewal, and cognate words shall be construed accordingly;

• “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 from a vehicle;

• “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 periods of 15 minutes or less and not returning to that location or any other location in the same street on the same day;

• “licence street” means a street designated under section 24 (designation of licence streets) of this Act;

• “receptacle” includes a vehicle 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 obtain access without payment—

  (i)

  whether or not they need the consent of the owner or occupier; and

  (ii)

  if they do, whether or not they have obtained it;

  (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 Housing Act 1985 (c. 68);

• “street trading” means subject to subsections (1A) and (2) below—

  (a)

  the selling or the exposure or offer for sale of any article (including a living thing); and

  (b)

  the purchasing of or offering to purchase any ticket; and

  (c)

  the supplying of or offering to supply any service,

  in a street for gain or reward (whether or not the gain or reward accrues to the person actually carrying out the trading);

• “street trading licence” means a licence granted under this Part of this Act and valid for the period specified therein being not less than six months and not more than three years;

• “temporary licence” means a licence granted under this Part of this Act valid for a single day or for such period as may be specified in the licence not exceeding six months.

(1A) In determining whether activity amounts to street trading for the purposes of this Act, the fact that—

(a) a transaction was completed elsewhere than in a street in the case where the initial offer or display of the articles in question or the offer of services, as the case may be, took place in a street;

(b) either party to the transaction was not in a street at the time it was completed;

(c) the articles actually sold or services actually supplied, as the case may be, were different from those offered,

shall be disregarded.

(2) The following are not street trading for the purposes of this Part of this Act:—

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

(b) anything done in a market or fair the right to hold which was acquired by virtue of a grant (including a presumed grant) or acquired or established by virtue of any enactment or order;

(c) trading in a trunk road picnic area provided by the Secretary of State under section 112 of the Highways Act 1980 (c. 66);

(d) trading as a news-vendor provided that the only articles sold or exposed or offered for sale are current newspapers or periodicals and they are sold or exposed or offered for sale without a receptacle for them or, if with a receptacle for them such receptacle does not—

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

(ii) occupy a ground area exceeding 0.25 square metre; or

(iii) stand on the carriageway of a street; or

(iv) cause undue interference or inconvenience to persons using the street; and

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

* * * * *

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

(i) trading in a highway in relation to which a control order under section 7 of the Local Government (Miscellaneous Provisions) Act 1976 (c. 57) is in force, other than trading to which the control order does not apply; and

(j) the selling or the exposure or offer for sale of articles or the provision of services on private land adjacent to a shop provided that the selling or the 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 a person assessed for uniform business rate in respect of the shop; and

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

22 Application of Part III

This Part of this Act applies to the borough of a participating council as from the appointed day.

23 Licensing of street traders

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

(2) For the purposes of this Part 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.

24 Designation of licence streets

(1) If a borough council consider that street trading should be licensed in their area they may from time to time pass any of the following resolutions:—

(a) a resolution (in this Part of this Act referred to as a “designating resolution”) designating any street within the borough as a “licence street”;

(b) a resolution specifying in relation to any such street or any part of a street any class or classes of articles, things or services which they will, or other than which they will not, prescribe in any street trading licence granted by them in respect of that street;

and may from time to time by subsequent resolution rescind or vary any such resolution:

* * * * *

Provided that a borough council shall—

(a) before passing a designating resolution, consult with the Commissioner of Police of the Metropolis on their proposal; and

(b) before rescinding or varying a designating resolution, consult with the licence holders trading in the street in question, or a body or bodies representative of them, on their proposal.

(2) At the appointed day for the purposes of this Part of this Act in a borough, the streets prescribed by any licences granted by the council of the borough in pursuance of powers contained in any of the enactments referred to in column (2) of Schedule 2 to this Act and then in force shall be deemed to have been designated as licence streets under a designating resolution.

(3) If a borough council pass a designating resolution the designation of the street shall take effect on the day specified in the resolution (which must not be before the expiration of the period of one month beginning with the day on which the resolution is passed).

(4) A borough council shall not pass a resolution or rescind or vary a resolution under this section unless—

(a) they have published notice of their intention to do so in a local newspaper circulating in their area;

(b) they have served a copy of the notice on the highway authority for that street (unless they are that highway authority); and

(c) where subsection (5) below applies, they have obtained the necessary consent.

(5) This subsection applies—

(a) where the resolution relates to a street which is owned or maintainable by a relevant corporation; and

(b) where the resolution designates as a licence street any street maintained by a highway authority;

and in subsection (4) above “necessary consent” means—

(i) in the case mentioned in paragraph (a) above, the consent of the relevant corporation; and

(ii) in the case mentioned in paragraph (b) above, the consent of the highway authority.

(6) The following are relevant corporations for the purposes of this section:—

(a) British Railways Board;

(b) London Regional Transport;

* * * * *

(d) Network Rail Infrastructure Limited; and

(e) Transport for London.

(7) The notice referred to in subsection (4) above shall—

(a) contain a draft of the resolution to which it relates; and

(b) state that representations relating to it may be made in writing to the borough council within such period, not less than 28 days after the publication of the notice, as may be specified in the notice.

(8) As soon as practicable after the expiry of the period specified under subsection (7) above, the borough council shall consider any representations relating to the proposed resolution which they have received before the expiry of that period.

(9) After the borough council have considered those representations, they may if they think fit, pass such a resolution relating to the street as is mentioned in subsection (1) above.

(10) The borough council shall publish notice of the passing of such a resolution in a local newspaper circulating in their area on two consecutive weeks.

(11) The first publication shall not be later than 28 days before the day specified in the resolution for the coming into force of the designation.

25 Application for street trading licences

(1) An application for a street trading licence or renewal of such a licence shall be made in writing to the borough council, and in the case of an application for the renewal of a licence shall be made not later than two months or earlier than three months before the date on which that licence unless revoked or surrendered will cease to be valid:

Provided that nothing in this section shall prevent a borough council from renewing a street trading licence, notwithstanding that application has been made for such renewal at a later date than aforesaid if they consider it reasonable in the circumstances so to do.

(2) In the application, the applicant shall state—

(a) in the case of an application by an individual, his full name and 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, the names of its members and the address of its principal office;

(c) the licence street in which, the days on which and the times between 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 borough council may reasonably require;

and may in the case of an individual specify the name and address of a relative of his who is associated with, or dependent upon, the business of street trading in respect of which the application is made and to whom he desires the licence to be granted in any of the events specified in subsection (1)(a) of section 26 (succession) of this Act.

(2A) In the case of an application for a street trading licence which, if granted, would authorise street trading on land which falls within paragraph (b) in the definition of “street” in subsection (1) of section 21 (interpretation of Part III) of this Act, the applicant shall provide evidence in writing—

(a) that he has consent to trade on the land from the owner of the land in question; or

(b) that he is the owner of the land in question.

(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—

(a) without sunglasses; and

(b) unless on religious grounds the applicant permanently wears headgear, without headgear,

taken within the preceding 12 months, each photograph being signed by the applicant on the reverse. But the borough council may, at their discretion, accept a lesser number of photographs.

(3A) If a standard condition prescribed under regulations made under subsection (3) of section 27 (conditions of street trading licences) 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.

(3B) A borough council may make regulations prescribing the procedure for determining applications.

(3C) Before making or amending such regulations the borough council shall—

(a) consult any body which appears to the borough council to represent licence holders; and

(b) give consideration to any representations received within 28 days of the date on which the borough council’s proposals were notified to the body concerned.

(4) A street trading licence—

(a) shall not be granted—

(i) to a person under the age of 17 years; or

(ii) except where the application is made by a company incorporated under the Companies Acts, or by a partnership, for a licence to carry on ice cream trading to a person, on a corresponding day, days or time, who holds a street trading licence in any other licence street granted under this Part of this Act but nothing in this paragraph shall prevent the renewal of such a licence; or

(iii) except where the application is made by a company incorporated under the Companies Acts, or by a partnership, for a licence to carry on ice cream trading to a body corporate or to an unincorporated association; or

(iv) in respect of an application for a street trading licence which, if granted, would authorise trading in a street which is not a licence street; or

(v) where the street to which the application relates is a street in respect of which the borough council have by resolution passed under subsection (1)(b) of section 24 (designation of licence streets) of this Act specified a class of articles or things, or services which they will not prescribe in any street trading licence and the grant of the licence would be contrary to any of the terms of that resolution;

(b) shall not be granted unless the borough council are satisfied that there is enough space in the street for the applicant to engage in the trading in which he desires to engage without causing undue interference or inconvenience to persons or vehicular traffic using the street;

(c) shall not be granted in the case of an application for a street trading licence which, if granted, would authorise street trading on land which falls within paragraph (b) in the definition of “street” in subsection (1) of section 21 (interpretation of Part III) of this Act, unless the applicant has provided sufficient such evidence as is mentioned in subsection (2A) above to satisfy the council.

(5) Subject to subsection (4) above, the borough council shall grant an application for a street trading licence unless they consider that the application ought to be refused on one or more of the grounds specified in subsection (6) below.

(6) Subject to subsection (8) below the council may refuse an application on any of the following grounds:—

(a) 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 the licence;

(c) that the applicant is an individual who has without reasonable excuse failed personally to avail himself fully of a previous street trading licence;

(d) that the applicant has at any time been granted a street trading licence by the borough 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;

(e) 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;

(f) that—

(i) the application is for the grant (but not the renewal) of a street trading licence; and

(ii) the only available position is in that part of the street which is contiguous with the frontage of a shop; and

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

(g) that—

(i) the application is for the grant (but not the renewal) of a street trading licence; and

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

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

(7) If the borough council consider that grounds for refusal exist under subsection (6)(a) or (c) 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 only in one or more of the descriptions of goods specified in the application.

(8) Subject to subsection (4) above if—

(a) a person is at the appointed day licensed to trade in a street under the provisions of any local enactment; and

(b) the street becomes a licence street under this Part of this Act; and

(c) he was trading from a fixed position in the street immediately before it became a licence street; and

(d) within two months from the appointed day he applies for a street trading licence to trade in the street;

his application shall not be refused.

(9) Subject to subsections (4), (6) and (8) above a borough council when considering applications for licences to trade in licence streets under this Part of this Act shall give preference to applications from persons who immediately before the appointed day were under the provisions of any local enactment authorised to trade in a street in the borough which is not a licence street.

(10) A borough council when considering applications for licences to carry on ice cream trading in a licence street shall treat all applicants, whether companies, partnerships or individuals, on an equal footing and in particular—

(a) shall not treat individuals less favourably than companies or partnerships; and

(b) as between applicants who are companies or partnerships, shall not treat any particular company or partnership more favourably than others.

(11) A licence holder may at any time surrender his licence to the borough council and it shall then cease to be valid.

26 Succession

When the holder of a licence who is an individual has specified the name and address of a relative to whom he desires the licence to be granted—

(i) dies; or

(ii) retires having reached the normal age for retirement; or

(iii) notifies the borough council that owing to ill-health he is unable to continue to engage in the street trading permitted by the licence, and submits evidence to satisfy the borough council as to his ill-health;

the borough council shall not (except as provided in paragraph (b) of this subsection) grant a licence in respect of the position or place in a street at which the former licensee was entitled to engage in street trading under the authority of his licence until the expiration of 28 days from the date of the death of the licensee or his retirement or receiving the notification, as the case may be;

(b) If during the said period of 28 days the person specified by the holder of the licence, when making application for the licence, as the relative to whom he desired the licence to be granted in any of the events mentioned in paragraph (a) above makes application for the grant of a licence in respect of the position or place available in the street the borough council shall, save as provided by paragraphs (b) to (e) of subsection (6) of section 25 (application for street trading licences) of this Act grant a licence to that person.

(2) For the purposes of this section a person shall be treated as being related to another if the latter is the wife, husband, father, mother, grandfather, grandmother, stepfather, stepmother, son, daughter, grandson, granddaughter, stepson, stepdaughter, brother, sister, half-brother or half-sister of the former and shall be deemed to be so related notwithstanding that he is so related only through an illegitimacy or in consequence of an adoption.

27 Conditions of street trading licences

(1) A licence granted under section 25 (application for street trading licences) of this Act, shall—

(a) unless it is revoked or surrendered, be valid for a period of three years from the date on which it is granted, or for such shorter period as the borough council may determine;

(b) specify the conditions; and

(c) in the case of an individual incorporate one of the photographs of the licence holder submitted under subsection (3) of the said section 25;

and on any occasion of the renewal of a licence, or at 1 January in any year during the currency thereof, (whether on application by the licence holder or otherwise) or at any time on application by the licence holder, the borough council may vary the conditions.

(2) Where a licence is granted to a company incorporated under the Companies Acts 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 a recent photograph of him authenticated by the company or on behalf of the partnership, as the case may be, which holds the licence.

(3) The borough council may make regulations prescribing standard conditions which they may attach to the licence on the occasion of its grant or renewal.

(4) Before making regulations under subsection (3) above, the borough council shall—

(a) publish notice of their intention to do so in a local newspaper circulating in their area, and such notice shall—

(i) contain a draft of the resolution to which it relates; and

(ii) state that representations relating to it may be made in writing to the borough council within such period, not less than 28 days after the publication of the notice, as may be specified in the notice; and

(b) consult the licence holders or a body or bodies representative of them.

(5) As soon as practicable after the expiry of the period specified under subsection (4) above, the borough council shall consider any representations relating to the proposed regulations which they have received before the expiry of that period.

(6) After the borough council have considered those representations they may if they think fit make regulations as mentioned in subsection (3) above and shall notify the licence holders or a body or bodies representative of them of the making of such regulations.

(7) Without prejudice to the generality of subsection (3) above the standard conditions shall include such conditions as may be reasonable—

(a) identifying the street or streets in which and the position or place in any such street at which the licence holder may sell or expose or offer for sale articles or things, or offer or provide services under the authority of the licence;

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

(c) identifying the day or days on which and the time during which the licence holder may sell or expose or offer for sale articles, things or services as aforesaid;

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

(e) requiring that any receptacle so used shall carry the name of the licence holder and the number of his licence;

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

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

(h) requiring that the licence holder shall commence trading or exercising his rights under the licence by a certain time on any day or forfeit his right to trade or exercise his rights under the licence on that day from the fixed position to which his licence refers.

(8) Without prejudice to the standard conditions, the borough council may in addition attach to a licence such further conditions as appear to them to be reasonable in any individual case.

(9) When granting a licence a borough council shall give to the licence holder a copy of the licence which, in the case of an individual, shall bear his photograph.

28 Revocation or variation of licences under Part III

(1) Subject to the provisions of this Part of this Act a borough council may at any time revoke a street trading licence if they are satisfied that—

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

(b) the licence holder is trading in a class of articles, things or services which the borough council have resolved under subsection (1) (b) of section 24 (designation of licence streets) of this Act not to prescribe in licences granted for the licence street in which the licence holder trades; or

(c) the licence holder is an individual who has without reasonable excuse personally failed fully to avail himself of his licence; or

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

(e) that since the grant or renewal of the licence, the licence holder has for a period of four weeks or more failed to pay fees or charges due to the borough 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 33 (receptacles and containers) of this Act; or

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

(g) that since the grant or renewal of the licence, the licence holder has persistently failed to remove to a place of storage the receptacles used by him for trading; or

(h) that the licence holder has persistently failed to comply with any condition of his licence.

(2) If a borough council consider that a licence could be revoked on any of the grounds mentioned in paragraphs (a) to (c) 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 licence street or position or place in any such street at which the licence holder may sell or expose or offer for sale articles or things or offer or provide services; or

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