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

City of Westminster—continued


 

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19General discretionary grounds for refusal
(1)The council may refuse an application made under section 17 (applications) on any reasonable grounds related to—
(a)the convenience or safety of people using the street;
(b)the prevention or reduction of crime or disorder;
(c)the amenity of the area, including the setting of listed buildings or the character or appearance of conservation areas;
(d)the suitability of the applicant to hold a licence;
(e)the diversity of items on sale and services provided by street traders and other retailers in the area;
(f)the prevention of public nuisance.
(2)Sections 20 (specific discretionary grounds for refusal: new licences), 21 (specific discretionary grounds for refusals: variations) and 22 (specific discretionary grounds for refusal: new licences and variations) are without prejudice to the generality of subsection (1).

20Specific discretionary grounds for refusal: new licences

The grounds on which the council may refuse an application for the grant of a licence include, in particular—

(a)that 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 items in which the applicant desires to trade (or similar items);
(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 or her 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(f)that the applicant has at any time been granted a street trading licence by the council which was revoked or could have been revoked on the grounds that he had refused or neglected to pay fees or other charges due to them in respect of the licence;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—
(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 items, things or services mentioned in the application are sold or provided at the shop;
(h)that—
(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.

21Specific discretionary grounds for refusal: variations

The grounds on which the council may refuse an application for a variation of a licence include, in particular, that the application is for a variation of a standard condition of a street trading licence.

22Specific discretionary grounds for refusal: new licences and variations
(1)The grounds on which the council may refuse an application for the grant of a licence or a variation of a licence include, in particular—
(a)that the applicant has failed to provide or to identify suitable or adequate premises for the storage of any receptacles or perishable items in which he proposes to trade when street trading is not taking place;
(b)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 or her for trading or any perishable items in which he trades;
(c)that in the vicinity of the licensable area in question undue disturbance is likely to be caused as a result of the proposed activities of the applicant;
(d)that the application would be in contravention of any written guidelines issued by the council in relation to—
(i)the type of items that may be sold in respect of a street trading licence, a class of street trading licences, or a licensable area;
(ii)the type or design of receptacles that may be used in respect of street trading licences, classes of street trading licences or licensable areas or other areas;
(iii)the hours during which street trading may be carried on;
(iv)any other subject that is relevant to street trading;
(e)that inadequate arrangements for the collection or disposal of refuse are proposed or are in place;
(f)that the application is in relation to a market (within the meaning given by section 28 (markets)) and the application if granted would authorise trading only in a specified licensable area or part of a licensable area, and the council is of the view that in the circumstances of the case only trading in the market generally should be authorised.
(2)Schedule 6 makes provision about the procedure for the issuing and variation of guidelines.

23Refusal of applications: general
(1)If the council considers that grounds for refusal exist under sections 19 (general discretionary grounds for refusal), 20 (specific discretionary grounds for refusal: new licences), 21 (specific discretionary grounds for refusal: variations) or 22 (specific discretionary grounds for refusal: new licences and variations), it may grant the application in part and impose such conditions as it thinks fit on the licence to reflect its decision.
(2)In relation to an application for a variation of a licence the council may not, under subsection (1), 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.
(3)If the council considers that grounds for refusal exist under the said sections 20(a), (c), (d) or (e) or 22(1)(c) it may grant the applicant a licence or a variation to a licence, as the case may be, which permits him or her—
(a)to trade on fewer days or during a shorter period in each day than is specified in the application; or
(b)to trade in a different licensable area or different part of a licensable area from that specified in the application; or
(c)to trade in items other than those specified in the application or in only some of the items so specified.

24Cancellation of licences

A licence holder or a temporary licence holder may at any time request the cancellation of the licence and the cancellation shall take effect when the request for its cancellation is received by the council.

25Revocation of licences
(1)The council may at any time revoke a street trading licence or a temporary licence if it is satisfied that—
(a)the licence holder or a specified company is trading in breach of the terms of a specifying resolution; or
(b)the licence holder is an individual who has persistently without reasonable excuse failed to make full personal use of his or her licence; or
(c)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
(d)the licence holder is on account of misconduct or for any other sufficient reason unsuitable to hold the licence; or
(e)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 the licence holder for accommodation provided under section 37(2) (receptacles and containers); or
(f)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
(g)since the grant of the licence, the licence holder or a specified company has failed to make provision for the suitable and adequate storage, when trading is not taking place, of the receptacles used by the licence holder or the specified company for trading or of any perishable items in which he trades; or
(h)since the grant of the licence, the licence holder or a specified company has persistently failed to remove to the place of storage the receptacles used by the licence holder or the specified company for trading or any perishable items in which he trades; or
(i)the licence holder has persistently failed to comply with any condition of the licence in question; or
(j)in the vicinity of the licensable area in question undue disturbance has been caused by the activities of the licence holder, a specified company or an assistant employed under section 39 (employment of assistants); or
(k)the licence holder has failed to provide the council with the photographs required in pursuance of a notice under section 16(2) (photographs).
(2)If the council revokes a licence under this section, it may also revoke any other street trading licence held under this Act by the licence holder in question.
(3)If the council considers that a licence could be revoked on any of the grounds mentioned in subsection (1) it may instead of revoking it—
(a)vary the conditions of the licence by attaching further conditions, which may include—
(i)reducing the number of days in any week or the period in any one day during which the licence holder is permitted to trade;
(ii)restricting the description of items, things or services in which the licence holder is permitted to trade; or
(b)suspend the operation of the licence for a period not exceeding three months as the council thinks fit;
(c)vary the licence by specifying a different licensed area at which licensed street trading may take place.

26Further provisions relating to refusal, revocation or variation of street trading licences
(1)Subsection (2) applies in the case where the council proposes to—
(a)refuse an application under section 17 (applications), other than on the grounds specified in section 18 (mandatory grounds for refusal);
(b)revoke a street trading licence or a temporary licence that is valid for a period exceeding 28 days (except in a case that falls within subsection (3));
(c)vary a street trading licence other than a variation to a standard condition; or
(d)suspend a licence under section 25(3)(b) (revocation of licences).
(2)If this subsection applies, the council must give to the applicant or licence holder at least 21 days' notice in writing of its proposal, setting out—
(a)the grounds on which the proposed refusal, revocation or variation would be based; and
(b)notifying the applicant or licence holder of the opportunity to appear before the committee, sub-committee, authorised officer or panel of officers who will determine the matter.
(3)A case falls within this subsection if the council proposes to revoke a licence for the reason that there has been a breach of the conditions of the licence relating to conduct involving violent, dangerous or abusive conduct.
(4)In a case that falls within subsection (3), the council may decide to suspend the licence immediately if it thinks that it is necessary to do so for the protection of persons or property.
(5)The council shall hold a hearing to decide whether the licence should be revoked within a period of 14 days beginning with the date on which a suspension under subsection (4) comes into effect.
(6)The decision to suspend a licence under subsection (4) shall cease to have effect forthwith if—
(a)at the hearing mentioned in subsection (5) the council decides not to revoke the licence; or
(b)a magistrates' court allows an appeal under section 29 (appeals) against the council's decision to revoke the licence; or
(c)the council decides that the suspension should cease to have effect.
(7)The council may consider and determine any of the matters set out in subsection (1) where a shorter period of notice than the 21 days required by subsection (2) has been given, provided the applicant or licence holder has consented in writing.
(8)If an application is refused or a licence is revoked or varied (other than under section 13(2) (variation of street trading licences)) the council shall notify the applicant or licence holder in writing of the decision and of—
(a)the grounds and reasons for that decision; and
(b)any rights of appeal against that decision.

27Lapsing of licence in certain cases

In the case of a street trading licence which authorises street trading on land which falls within paragraph (b) in the definition of "street" in section 2 (interpretation), the licence shall lapse if—

(a)the consent is discontinued by the person who gave it, or a successor in title of that person, and the council is provided with written notice of the discontinuation of the consent by the person who discontinues it; or
(b)the licence holder no longer is the owner of the land in question.

28Markets
(1)A street trading licence that authorises street trading in a market may authorise street trading—
(a)at a specified licensable area or part of a licensable area in the market;
(b)in the market generally.
(2)Where one or more licences have been granted in a market and the licence or licences authorise street trading in the market generally, the council may give directions, or make arrangements for the giving of directions by others as to the place at which the licence holder should trade.
(3)Section 22(1)(f) (specific discretionary grounds for refusal: new licences and variations) makes particular provision about refusals of applications for licences in markets.
(4)In this section, "market" means an area consisting of a licensable area or a number of separate licensable areas that is or are designated by resolution of the council as a market for the purposes of this section.
(5)Schedule 8 makes provision about the procedure for the passing of resolutions under subsection (4) and their variation and rescission.

Appeals

29Appeals
(1)A person may appeal to a magistrates' court if that person is aggrieved—
(a)by a decision of the council to refuse an application under section 17 (applications) other than on any of the grounds specified in section 18 (mandatory grounds for refusal);
(b)by a decision of the council to grant a street trading licence on terms other than those sought;
(c)by a decision of the council to revoke a street trading licence;
(d)by a decision of the council to vary a street trading licence or the conditions of a street trading licence other than by a change to the standard conditions;
(e)by the attachment to a street trading licence of any condition other than—
(i)a condition to which the licence had hitherto been subject, or
(ii)a standard condition;
(f)by a resolution of the council to vary or rescind a designating resolution;
(g)by a resolution of the council to designate an alternative licensable area under section 8(3) (rescission of designating resolutions and designation of alternative sites);
(h)by a specifying resolution or a resolution varying such a resolution; or
(i)by a prohibition under section 6(2) (itinerant ice cream trading).
(2)An appeal under this section must be made to the magistrates' court for the local justice area in which—
(a)the licensable area in question is situated; or
(b)in which the street to which the prohibition under the said section 6(2) relates is situated.
(3)An appeal under this section must be commenced by notice of appeal given by the appellant to the designated officer for the magistrates' court within the period of 21 days beginning with—
(a)the date on which written notification is given of the decision, in the case of an appeal under subsection (1)(a) to (h);
(b)the date on which the person aggrieved is informed under paragraph 6 of Schedule 2 of the council's resolution to make the prohibition, in the case of an appeal under paragraph (i) of subsection (1).
(4)On an appeal to the magistrates' court, the court may make such order as it thinks fit, such order to be limited to the matter which is the subject of the appeal.
(5)It shall be the duty of the council to give effect to the order of the magistrates' court.
(6)Subsection (8) applies where the council—
(a)revokes a street trading licence under section 25(1) (revocation of licences);
(b)suspends a street trading licence under the said section 25(3)(b);
(c)varies the conditions of a street trading licence under section 13 (variation of street trading licences)(other than a standard condition) without the consent of the licence holder;
(d)rescinds a designating resolution under the said section 8(1);
(e)designates an alternative licensable area under the said section 8(3); or
(f)passes or varies a specifying resolution under section 11 (specifying resolutions).
(7)Subsection (6) is subject to subsections (9) to (11).
(8)The revocation, suspension, variation, rescission, designation or resolution, as the case may be, shall not take effect until—
(a)the time for bringing an appeal to the magistrates' court under subsection (1) has expired; or
(b)where such an appeal is brought, until the determination or abandonment of the appeal.
(9)Subsection (8) shall not apply in the case where—
(a)a designating resolution has been rescinded and the council is of the opinion that street trading in the licensable area in question (or any part of it) should cease immediately on the grounds that continued street trading would present a safety hazard to people using the street; or
(b)a licence has been suspended under section 26(4)(further provisions relating to refusal, revocation or variation of street trading licences).
(10)Where the council has revoked a street trading licence on the grounds that the licence holder has failed to pay fees and charges due to the council and the licence holder has appealed it shall only be lawful for the licence holder to trade under the authority of that licence, until any appeal has been determined or abandoned, if—
(a)all fees and charges due to the council have been paid; and
(b)the licence holder continues to pay fees and charges due to the council under that licence.
(11)Where the council has revoked a street trading licence on any other grounds and the licence holder has appealed, the licence holder may continue to trade under the authority of that licence by virtue of subsection (8) provided that he continues to pay fees and charges due to the council under that licence.
 

 
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