Parliamentary portcullis Session 2008-09
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Other Private Bills before Parliament
Arrangement of Clauses (Contents)

City of Westminster—continued


 

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9Variation of designating resolution
(1)The council may by resolution vary a designating resolution by altering the licensable area.
(2)If a designating resolution is varied under this section, the council may also modify as necessary any street trading licence for the licensable area in question.
(3)If the council varies a designating resolution under this section at the request of a licence holder, it may charge the licence holder such reasonable fee as it may determine calculated by reference to the cost of dealing with the request.
(4)Schedule 3 makes provision about the procedure for the variation of a designating resolution.

10Temporary alternative designation and suspension of designating resolutions
(1)If a licensable area becomes temporarily unsuitable for street trading purposes the council may—
(a)suspend the designating resolution; and
(b)temporarily designate an alternative location (which may be of different dimensions from the original) for that licensable area.
(2)If an alternative licensable area is temporarily designated under this section, any street trading licence for the original licensable area shall be transferred to the alterntive licensable area with any necessary modifications to that licence.
(3)Schedule 5 makes provision about procedure in relation to temporary designations and suspensions under subsection (1) and their duration.

Specifying resolutions

11Specifying resolutions
(1)A specifying resolution is a resolution passed by the council specifying that in relation to a licensable area or areas either—
(a)only specified items or services or classes of items or services may be sold, offered or provided in that area or those areas; or
(b)the sale, offer or provision of specified items or services or classes of items or services are prohibited in that area or those areas.
(2)The council may vary or rescind a specifying resolution.
(3)Schedule 6 makes provision about the procedure for the passing, variation and rescission of a specifying resolution.

Street trading licences

12Grant of street trading licences
(1)The council may grant a street trading licence on an application made under section 17 (applications) and the licence may be granted on such reasonable terms and conditions relevant to street trading as the council may specify.
(2)The licence shall identify—
(a)the area in which the licence holder may engage in street trading under the licence;
(b)the licence holder.
(3)The licence shall remain in force until it is cancelled or revoked by the council.
(4)A licence granted to an individual shall bear his or her photograph.
(5)A licence shall not come into effect until the applicant has provided to the council adequate proof of any third party insurance cover required in accordance with any conditions of the licence and the licence shall be deemed to have been extinguished if within 28 days of the council's decision to grant it that proof has not been provided.

13Variation of street trading licences
(1)In addition to changes to any of the standard conditions which the council may make under section 15 (standard conditions) the council may vary a street trading licence.
(2)Subject to the provisions of this Act, the council may also at any time vary a street trading licence on application by the licence holder in accordance with his or her application. An application may be granted in whole or in part.
(3)If the council grants an application under subsection (2) it may impose such conditions as it thinks fit on the licence to reflect its decision.
(4)Unless it has the agreement of the licence holder, the council may not, under subsection (3), impose any conditions that are unrelated to the application or which are more onerous on the applicant than those that exist on the current licence.
(5)Except with the agreement of the council, no application to vary a licence may be made under subsection (2)—
(a)in the case of an application to vary a condition, within the period of six months beginning with the date on which—
(i)the council imposed the condition; or
(ii)the council refused a similar application to vary the condition;
(b)in the case of an application to vary a licence other than by a variation of a condition, within the period of six months beginning with the date on which—
(i)the council imposed the provision that is the subject of the purported application; or
(ii)the council refused a similar application to vary the provision;
(c)during any period when the imposition of the condition or provision in question or the refusal to vary the condition or provision in question is the subject of an appeal under section 29 (appeals).
(6)Schedule 7 makes provision about the procedure for the variation of a licence under subsection (1).

14Conditions of street trading licences
(1)Without prejudice to the generality of section 12(1) (grant of street trading licences), the conditions of a street trading licence may include reasonable conditions—
(a)identifying the items or services or the classes of items or services which the licence holder may sell or expose or offer for sale or provide;
(b)identifying the days and times during which the licence holder may engage in street trading;
(c)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 items or the provision of services;
(d)requiring that the licence holder use receptacles provided under section 37(1) (receptacles and containers);
(e)requiring that any receptacle shall carry in a conspicuous position the number of the licence in a form acceptable to the council;
(f)identifying any position in the licensable area, the street in which the licensable area is located or adjoining streets where items needed for re-stocking any such receptacle may be stored and the period during which they may be so stored;
(g)regulating the removal and storage of receptacles or perishable items (which may include a requirement that the licence holder uses accommodation provided under the said section 37(2));
(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 (which may include a requirement that the licence holder uses a container provided under the said section 37(2));
(i)requiring that the licence holder shall commence trading by a certain time on any day or forfeit his or her right to trade under his or her street trading licence for that day;
(j)requiring third party insurance cover and producing proof of it on reasonable demand to an authorised officer; and
(k)making provision for the separation of the area in which the activities authorised by the licence are carried on from other parts of the street.
(2)Conditions of a street trading licence may include—
(a)conditions relating to the prevention of nuisance; and
(b)specific restrictions relating to the hours between—
(i)10 p.m. on Sunday to Friday and 7 a.m. the day following; and
(ii)10 p.m. on Saturday and 9 a.m. on Sunday.

15Standard conditions
(1)The council may prescribe standard conditions which are to apply to all street trading licences or to classes of street trading licence.
(2)Before prescribing such conditions or changing any condition so prescribed, the council shall first give notice in writing to—
(a)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
(b)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; and
(b)state that representations may be made with regard to the proposal by the date specified in the notice as the due date (which 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 it considers 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) of the conditions or changes to conditions.
(8)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.

16Photographs
(1)Subject to subsection (3), the photograph that must appear on a street trading licence by virtue of section 12(4) (grant of street trading licences) shall be one of the photographs provided under section 17(7) (applications).
(2)Where a licence is granted to an individual the council may give him or her notice in writing, at intervals of not less than five years, requiring him or her to provide the council with three new signed photographs of the type prescribed by the said section 17(7). The council may accept fewer photographs.
(3)On each occasion when new photographs are provided by a licence holder under subsection (2), the council shall re-issue his or her licence and the re-issued licence shall bear one of the new photographs.
(4)An individual carrying on ice cream trading in accordance with a licence granted to a company, an unincorporated association or a partnership shall at all times while he is so trading carry with him or her, and produce on request by an authorised officer or a constable, a recent photograph of himself or herself authenticated by the company or on behalf of the unincorporated association or partnership.
(5)An individual who is a licence holder shall at all times while engaged in street trading carry with him or her 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.

17Applications
(1)An application for the grant or variation of a street trading licence shall—
(a)be made in writing to the council in the form and manner prescribed by the council; and
(b)be accompanied by the appropriate application fee (see section 32 (application fees)).
(2)In the case of an individual, the applicant shall state his or her full name and home address and date of birth.
(3)In the case of a licence to carry on ice cream trading where the applicant is a company incorporated under the Companies Acts, the applicant shall state the name of the company and its registered office.
(4)In the case of a licence to carry on ice cream trading by a partnership or unincorporated association the applicant shall state the names of its members and the address of its principal office.
(5)In all cases, the applicant shall—
(a)describe the licensable area or part of the licensable area in which, the days on which and times between which the applicant desires to trade;
(b)describe the items or services in which he desires to trade; and
(c)give such other particulars relevant to street trading as the council may reasonably require.
(6)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 section 2 (interpretation), the applicant shall provide evidence in writing—
(a)that the applicant has consent to trade on the land from the owner of the land in question; or
(b)that the applicant is the owner of the land in question.
(7)In the case of an application by an individual the applicant shall, with his or her application, hand to an authorised officer, or provide in such other manner as the council may prescribe, such number of identical clear full face photographs of himself or herself as the council may require and—
(a)the applicant shall be shown—
(i)without headgear (unless on religious grounds the applicant wears headgear); and
(ii)without sunglasses;
(b)the photographs shall—
(i)have been taken within the preceding 12 months;
(ii)be signed by the applicant on the reverse.
(8)The council may make regulations prescribing the procedure for determining applications.
(9)Before making such regulations or changing them the council shall—
(a)consult any body which appears to the council to represent licence holders; and
(b)give consideration to any representations received within 28 days of the date on which the council's proposals were notified to the body concerned.

18Mandatory grounds for refusal

The council shall refuse to grant an application for a street trading licence or a variation of a street trading licence made under section 17 (applications)—

(a)where the application is not for a licence to carry on ice cream trading and the applicant is not an individual;
(b)where the applicant is under the age of 17 years;
(c)where the application is for a licence for any part of a licensable area in respect of which the council has decided to issue or has issued a licence to another person and that licence would allow trading during the same hours as specified in the application;
(d)where the applicant is a licence holder under this Act for any other licensable area or under any other enactment relating to street trading which in either case enables the applicant to carry on street trading elsewhere during the period specified in his or her application;
(e)where the council is 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;
(f)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 application would be contrary to any of the terms of that resolution;
(g)to trade in an area which is not a licensable area;
(h)where the application, if granted, would authorise street trading on land which falls within paragraph (b) in the definition of "street" in section 2 (interpretation), unless the applicant has provided sufficient evidence as is mentioned in the said section 17(6) to satisfy the council.
 

 
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Prepared 26 November 2008