Parliamentary portcullis Session 2008-09
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Arrangement of Clauses (Contents)

City of Westminster

 

A

BILL

To make provision for the control of street trading and touting in the City of Westminster.

WHEREAS—

(1)The City of Westminster (hereinafter called "the city") is a London borough under the management and local government of the lord mayor and citizens of the city:
(2)Certain powers relating to street trading are exercisable by the Westminster City Council under the City of Westminster Act 1999 (c. i) and it is expedient to revise those powers in respect of street trading in the city:
(3)It is expedient that provision be made about the control of touting in the city:
(4)The purposes of this Act cannot be effected without the authority of Parliament:
(5)In relation to the promotion of the Bill for this Act the requirements of section 239 of the Local Government Act 1972 (c. 70) have been observed:
(6)May it therefore please Your Majesty that it may be enacted, and be it enacted, by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Introductory

1Citation and commencement
(1)This Act may be cited as the City of Westminster Act 2009.
(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.

2Interpretation

In this Act—

"authorised officer", in relation to the council, means—

      (a)  any employee of the council;

      (b)  any person by whom, in pursuance of arrangements made with the          council, any functions under this Act fall to be discharged; or

      (c)  any employee of any such person,

who is authorised in writing by the council to act in relation to the relevant provision of this Act;

"the city" means the City of Westminster;

"the Companies Acts" has the same meaning as in section 2 of the Companies Act 2006 (c. 46);

"the council" means the Westminster City Council;

"designating resolution" means a resolution passed under section 7 (establishment of licensable areas by designating resolution);

"footway" includes a footbridge;

"house" includes any part of a building constituting a separate dwelling;

"ice cream trading" means the selling, exposing or offering for sale of items consisting wholly or mainly of ice cream, frozen confectionery or other similar commodities;

"item" includes a living thing;

"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;

"licensable area" means a street or part (of any size) of a street designated by a resolution of the council in accordance with section 7 (establishment of licensable areas by designating resolution);

"licence holder" means the holder of a street trading licence;

"the Police Commissioner" means the Commissioner of Police of the Metropolis;

"receptacle" includes—

      (a)  a kiosk, 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 item; or

      (b)  equipment used in the provision of any service;

"shop" means any premises where there is carried on a trade or business consisting wholly or mainly of the sale of goods, and for these purposes, "sale of goods" does not include the sale of meals, refreshments, smoking materials or alcohol prepared to order for immediate consumption or smoking in an area of the street provided for that purpose;

"Specified Company" in relation to a street trading licence means a company authorised to carry out street trading in accordance with section 40 (companies) under that licence;

"specifying resolution" has the meaning given by section 11 (specifying resolutions);

"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 licence" means a licence granted under this Act but excludes a temporary licence;

"temporary licence" means a licence granted under this Act for any period not exceeding three years;

"temporary licence holder" means the holder of a temporary licence.

3Meaning of "street trading"
(1)In this Act "street trading" means—
(a)the selling, offering for sale, display or exposing for sale of any item in a street;
(b)the supplying or offering to supply a service for gain or reward in a street;
(c)the purchasing or offering to purchase any ticket for gain or reward in a street;
(d)the selling or exposure or offer for sale of any motor vehicle if the vehicle is—
(i)exposed or offered for sale on the internet; and
(ii)kept on a street during the period when it is so exposed or offered for sale.
(2)The activities mentioned in paragraphs (a) to (d) of subsection (1) are street trading whether or not any gain or reward arising from them accrues to the person actually carrying out the trading.
(3)The following counts as street trading for the purposes of this Act—
(a)the provision, in relation to premises, of a place in a street for the consumption of meals, refreshments or alcohol supplied on or from those premises; and
(b)the provision of facilities or equipment in a street for smoking (other than a receptacle for the disposal of smoking related litter).
(4)In determining whether activity amounts to street trading for the purposes of this Act, the following shall be disregarded—
(a)the fact that a transaction was or was to be completed elsewhere than in a street in the case where the initial offer or display of the items in question or the offer of services, as the case may be, took place in a street;
(b)the fact that either party to the transaction was not in a street at the time it was completed;
(c)the fact that items offered to be sold, or services offered to be supplied, as the case may be, were different from those actually sold or supplied.

4Exemptions
(1)The selling of items 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 items to those persons is not street trading for the purposes of this Act.
(2)The selling, exposure or offer for sale of items or the provision of services on private land adjoining the front or side wall of a shop is not street trading for the purposes of this Act if the selling, exposure or offer for sale of the items or the provision of the services—
(a)forms part of the business of the owner of the shop or person assessed for uniform business rate of the shop; and
(b)takes place during the period during which the shop is open to the public for business.
(3)The following are not street trading for the purposes of this Act—
(a)the doing of anything authorised by regulations made under section 5 of the Police, Factories, &c. (Miscellaneous Provisions) Act 1916 (c. 31);
(b)the doing of anything authorised by permit or order made under Part III of the Charities Act 1992 (c. 41);
(c)conducting a public charitable collection that—
(i)is conducted in accordance with section 48 or 49 of the Charities Act 2006 (c. 50); or
(ii)is an exempt collection by virtue of section 50 of that Act.
(4)Trading by a person acting as a pedlar under the authority of a pedlar's certificate under the Pedlars Act 1871 (c. 96) is not street trading for the purposes of this Act if the trading is carried out only by means of visits from house to house.
(5)Anything done in a market the right to hold which was acquired or established by virtue of any enactment other than this Act is not street trading for the purposes of this Act.

Newsvendors

5Newsvendors
(1)Trading only as a newsvendor is not street trading for the purposes of this Act if the conditions of this section are satisfied.
(2)The first condition is that no undue interference or inconvenience or safety hazard is caused by the trading to people using the street.
(3)The second condition is that the only items sold, exposed or offered for sale are current newspapers or periodicals.
(4)The third condition is that the items are being sold, offered or exposed for sale without a receptacle, or that they are being sold, offered or exposed for sale from a single receptacle which—
(a)does not exceed 1 metre in length or width or 2 metres in height; or
(b)does not occupy a ground area exceeding 0.25 square metres; or
(c)does not stand on or overhang the carriageway of the street; and
(d)is not being used for any other purpose.
(5)The fourth condition is that any regulations made by the council about the design, type and use of umbrellas, signage, advertisements, canopies or other items in relation to the trading are being complied with.
(6)The exemption contained in this section shall not apply in an area which the council has by resolution designated as an area in which it should not apply.
(7)The grounds on which the council may pass a resolution under subsection (6) are—
(a)undue interference or inconvenience or a safety hazard is caused or is likely to be caused to people using the street by newsvendors trading in the area in question;
(b)trading as newsvendors in the area in question adversely affects or is likely to adversely affect the setting of a listed building or the character or appearance of a conservation area or otherwise adversely affect the amenity of the area in question;
(c)there are proposals for development at or near the licensable area or development is carried out in the area in question, and street trading in the area is incompatible with the development or proposed development;
(d)the council has carried out a review of street trading in the city or in a particular area of the city and wishes to implement the conclusions of the review by passing the proposed resolution.
(8)Schedule 1 makes provision about the procedure for the passing, varying and rescinding of a resolution under subsection (6).

Ice cream trading

6Itinerant ice cream trading
(1)Nothing in this Act shall apply to itinerant ice cream trading in any street unless—
(a)that street is in a licensable area; or
(b)the street has been designated as a prohibited street under the following provisions of this section.
(2)The council may by resolution designate a street which is not in a licensable area as a prohibited street if at any time it is necessary to prohibit itinerant ice cream trading in the street in the interests of preventing—
(a)a safety hazard;
(b)obstruction to traffic; or
(c)undue interference or inconvenience to persons using the street.
(3)The council may rescind or vary a resolution passed under subsection (2).
(4)Schedule 2 makes provision about the procedure for the passing of a resolution under subsection (2).

Licensable areas and designating resolutions

7Establishment of licensable areas by designating resolution
(1)A licensable area may be established by the council—
(a)by the passing of a resolution known as a designating resolution; or
(b)by the designation of an alternative licensable area for an existing area under section 8(3) (rescission of designating resolutions and designation of alternative sites).
(2)No street trading licence shall be granted by the council for an area that is not a licensable area (see section 18 (mandatory grounds for refusal)).
(3)Schedule 3 makes provision about the procedure for the passing of a designating resolution.

8Rescission of designating resolutions and designation of alternative sites
(1)The council may by further resolution rescind a designating resolution on any of the grounds mentioned in subsection (6).
(2)If a designating resolution is rescinded under this section, any street trading licence for the licensable area in question shall be deemed to have been extinguished.
(3)Instead of rescinding a designating resolution, the council may pass a resolution designating an alternative licensable area.
(4)If an alternative licensable area is designated, the original licensable area shall no longer be a licensable area and any street trading licence for the previous licensable area may be transferred to the alternative licensable area, with any necessary modification to that licence.
(5)In every case where the council is considering rescinding a designation under this section and there is a street trading licence in force in relation to the licensable area in question ("the original area"), the council shall (unless the licence holder in question agrees otherwise) consider whether there is an alternative licensable area in the vicinity of the original area.
(6)The grounds on which a designating resolution may be rescinded are that—
(a)undue interference or inconvenience or a safety hazard is caused to people using the street by street trading in the licensable area;
(b)doing so is necessary for the prevention or reduction of crime and disorder;
(c)there is a sufficient number of persons carrying on street trading in the vicinity of the licensable area;
(d)street trading in the licensable area adversely affects the setting of a listed building or the character or appearance of a conservation area or otherwise adversely affects the amenity of the area in which the licensable area is located;
(e)there are proposals for development at or near the licensable area or development is carried out in the area, and street trading in the licensable area is incompatible with the development or proposed development;
(f)the council has carried out (in accordance with subsection (7)) a review of street trading in the city or in a particular area of the city and wishes to implement the conclusions of the review by rescinding the designating resolution.
(7)A review is carried out in accordance with this subsection if in the process of doing so the council consults any body which appears to the council to represent licence holders who will be affected by the review.
(8)Schedule 4 makes provision about the procedure for the passing of a resolution to rescind a licensable area or to designate an alternative licensable area.
 

 
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Prepared 26 November 2008