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

City of Westminster—continued


 

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Succession

30Succession
(1)The holder of a street trading licence ("A") granted to A before this Act came into force and who is an individual may at any time by written notice to the council specify the name and address of a relative (or employee under subsection (8)(e)) to whom A would wish the licence to be granted if A—
(a)dies; or
(b)retires having reached the age of 60; or
(c)notifies the council that owing to ill-health A is unable to continue to engage in the street trading permitted by the licence, and submits evidence to satisfy the council as to A's ill-health.
(2)A nomination under subsection (1) may be varied by A at any time by giving written notice to the council, specifying the name and address of another relative or employee to whom A would wish the licence to be granted and the notice shall revoke all previous nominations made by A.
(3)When a licence holder has nominated a person in accordance with subsection (1), the council shall not (except as provided in subsection (4)) grant a licence in respect of the licensable area or part of the licensable area for which A was licensed until the expiration of 28 days from the date of A's death, retirement or receiving the notification under subsection (1)(c), as the case may be.
(4)Subject to subsections (5) and (6), if during the period of 28 days mentioned in subsection (3) the person nominated under subsection (1) by A makes application for the grant of a licence in respect of the licensable area in respect of which the licence was held, the council shall grant a licence to that person on the same terms and conditions as were previously in force.
(5)The council may refuse an application under subsection (4) on any of the grounds mentioned in section 18(a), (b), (d) and (h) (mandatory grounds for refusal), section 20(b), (c), (d), (e) and (f) (specific discretionary grounds for refusal: new licences) and section 21 (specific discretionary grounds for refusal: variations).
(6)The council shall not grant a street trading licence under subsection (4) if—
(a)to do so would cause a breach of a specifying resolution; or
(b)if there are any fees or charges payable under this Act by A and which have not been paid.
(7)Where a street trading licence cannot be granted under this section because of the application of the provisions of the said section 18(d) the council may at its discretion grant a licence to another relative of A or to a relative of the person who, but for the provisions of the said section 18(d) as so applied, would have been granted the licence under this section.
(8)The council may—
(a)grant the licence to a nominee where a licence holder has given up or proposes to give up his licence on grounds other than those specified in subsection (1)(b) or (c);
(b)extend the period of 28 days specified in subsection (3);
(c)grant the licence to a relative not mentioned in subsection (9);
(d)grant the licence to a relative where A failed to make a nomination under subsection (1); or
(e)grant the licence to an employee of at least five years standing of A where—
(i)A had previously notified the council of his employment of that person; and
(ii)A or the applicant has made available to the council all necessary tax and other records to prove that the person is or was a bona fide employee.
(9)For the purposes of subsections (1) and (8)(d) a person ("B") is a relative of another person ("C") if C is the spouse, civil partner, father, mother, grandfather, grandmother, stepfather, stepmother, son, daughter, grandson, granddaughter, stepson, stepdaughter, brother, sister, half-brother or half-sister of B.

Temporary licences

31Temporary licences
(1)The council shall determine an application for a temporary licence on the receipt of an application from a person if the application is made in such form and manner as the council may prescribe and if it is accompanied by the appropriate fee.
(2)A temporary licence shall remain in force only for the day or period specified in the licence and shall—
(a)be in a similar form to a street trading licence with such modifications as the circumstances require; and
(b)contain such terms and conditions as the council may specify.
(3)In the case of an application for a temporary licence which, if granted, would authorise street trading on land which falls within paragraph (b) in the definition of "street" in section 2 (interpretation) (in this section referred to as "private land"), the applicant shall provide evidence in writing—
(a)that he has the 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.
(4)An application for a temporary licence shall not be granted, if the licence would authorise street trading on private land, unless the applicant has provided sufficient evidence, as is mentioned in section 17(6) (applications), to satisfy the council.
(5)In the case of a temporary licence which authorises street trading on private land, the licence shall lapse if—
(a)the consent to trade on the land is discontinued, and the council is provided with written notice of the discontinuance of the permission by the person who gave the consent or by a successor in title to that person; or
(b)the licence holder is no longer the owner of the land in question.
(6)The council may revoke or suspend the operation of a temporary licence—
(a)if circumstances have arisen since the grant of the licence or are about to arise which necessitate such revocation or suspension on the grounds that undue interference or inconvenience or a safety hazard is caused or is likely to be caused to people using the street by trading under the temporary licence; or
(b)the temporary licence holder has failed to pay any appropriate fee at the time it became due; or
(c)the temporary licence holder has failed to comply with the conditions of the licence.
(7)Where a temporary licence is revoked or suspended under subsection (6), the council shall return to the licensee such proportion of any fee paid for the granting of the licence as is appropriate, taking into account the period for which the licence was granted and the period remaining on the licence when it was revoked or the period for which the licence was suspended, as the case may be.
(8)Where a licence holder is not for the time being exercising his or her rights under the licence or has indicated in writing to the council his or her intention not to exercise those rights, a temporary licence authorising street trading from the same licensable area (or part of the licensable area) may be granted to any other person.
(9)A temporary licence granted to another person under subsection (8) is subject to the condition that the temporary licence shall cease to be valid at the end of the day on which the appropriate notice expires, if the circumstances described in subsection (10) apply.
(10)The circumstances are—
(a)appropriate notice is given by the temporary licence holder, and either
(b)the temporary licence has been granted but has yet to come into effect; or
(c)the temporary licence is granted for longer than 24 hours and has come into effect.
(11)Where a temporary licence ceases to be valid under subsection (8)—
(a)if it ceases to be valid before it comes into effect, the application fee shall be returned to the applicant by the council;
(b)in any other case, the proportion of the application fee which is attributable to any period in respect of which the temporary licence ceases to be valid shall be returned to the applicant by the council.
(12)The council may establish a register of persons to whom it would be prepared to grant temporary licences.
(13)In this section—

"appropriate fee" means such fee as the council may have determined under section 32 (application fees); and

"appropriate notice" means 24 hours' notice or 7 days' notice where a temporary licence has been granted for longer than 24 hours.

Fees and charges

32Application fees
(1)The council may charge to applicants such fees as are sufficient in the aggregate, taking one year with another, to recover the reasonable costs of dealing with relevant applications.
(2)The council may determine that a fee be charged on application for the grant of a temporary licence under section 31 (temporary licences), and in determining the amount of such fees it shall have regard to the matters specified in—
(a)subsection (1); and
(b)section 34(1) (charges: street trading licences); and
(c)where appropriate, section 35 (charges: temporary licences).
(3)The council may determine that a fee be charged for dealing with a request for the variation of a designating resolution or a specifying resolution.
(4)Fees charged under subsections (2) and (3) shall be taken account of in the computation for the purposes of determining the fees and charges under subsection (1) and the said section 34(1).
(5)The council may require that an application for the grant or variation of a street trading licence be accompanied by the whole or part of the fee determined under subsection (1).
(6)In this section, "relevant application" means an application for—
(a)the grant or variation of street trading licences;
(b)the variation of designating resolutions;
(c)the variation of specifying resolutions.

33Annual fees for temporary licences
(1)This section applies in the case where an application is granted for a temporary licence for a duration of one year or more.
(2)In addition to the application fee payable under section 31(1) (temporary licences), the holder of the licence—
(a)shall pay a first annual fee to the council within the period of 28 days beginning with the date of the issue of the licence; and
(b)shall (where applicable) pay an annual fee to the council before each anniversary of the grant of the licence.
(3)The licence shall not come into effect until the first annual fee has been paid to the council.
(4)Subject to subsection (5), the licence shall be deemed to have been extinguished if an annual fee is not paid to the council by the date on which it falls due.
(5)The council may agree that subsection (4) shall not apply in individual cases.
(6)In this section "annual fee" means a fee of such amount as may be required by the council taking into account—
(a)the remaining term of the licence; and
(b)the matters mentioned in section 34(1) (charges: street trading licences).
(7)The council shall refund part of an annual fee paid under this section where a licence ceases to have effect otherwise than—
(a)on the date on which it expires; or
(b)on or immediately before an anniversary of its issue.
(8)The amount of any refund under subsection (7) shall be calculated by taking into consideration the time remaining before the expiry of the licence or the date of expiry of the licence, as the case may be.

34Charges: street trading licences
(1)The council may recover from licence holders such charges as may be sufficient in the aggregate, taking one year with another, to cover the reasonable costs of—
(a)the collection, removal and disposal of refuse or other services rendered by them to licence holders; and
(b)the cleansing of streets in which street trading takes place so far as that cleansing is attributable to street trading; and
(c)any reasonable administrative costs or other costs not otherwise recovered under this Act incurred in connection with the administration of its provisions; and
(d)the cost of enforcing the provisions of this Act.
(2)It shall be lawful for the council to make a lower charge under subsection (1) to licence holders who pay the charges in full in advance or in full by means of direct debit or other means approved for the purposes of this section by the council.
(3)In calculating the levels of fees and charges under subsection (1) the council shall disregard costs incurred by them in relation to street trading of the type described in section 3(1)(d) (meaning of "street trading").
(4)The council may make a charge for the supply of an approved form of identity issued under section 16(5) (photographs) and for a plate identifying a licensable area or part of a licensable area. The charge shall not exceed the council's reasonable costs of supplying those items.
(5)Schedule 9 makes provision about the procedure for the determination and variation of charges under this section.

35Charges: temporary licences

The council may charge an annual fee for registration or renewal of registration in the register established under section 31(12) (temporary licences), sufficient in the aggregate, taking one year with another, to cover the council's cost of administering the registration scheme.

36Charges and provision of additional services
(1)The council may—
(a)at the written request of a majority of licence holders in a particular market or area provide additional services to licence holders in that market or area;
(b)at the written request of an individual licence holder provide additional services to that licence holder.
(2)The cost of these services may be included in the charge referred to in section 34(1) (charges: street trading licences) provided that those costs are only included in the charges made to the licence holders in the market or area in question or to the individual licence holder, as the case may be.
(3)At any time a majority of licence holders in a particular market or area or an individual may request in writing the council to cease to provide any of the services and the council shall, subject to any contractual arrangements, accede to such a request within three months of the request.

Receptacles and containers

37Receptacles and containers
(1)The council may, for a reasonable sum calculated by reference to the cost of doing so by the council, sell or let on hire or otherwise provide receptacles to any licence holder or temporary licence holder for use by him or her in street trading.
(2)The council may provide and maintain accommodation for the storage of receptacles and containers for the deposit of refuse arising in the course of street trading and for that purpose may—
(a)adapt any premises or erect any buildings on any land belonging to them but not already appropriated for such purpose; and
(b)make such reasonable charges as it thinks fit for the use of such accommodation.

38Powers to install and remove receptacles
(1)The council may make arrangements for the installation and removal of receptacles.
(2)Where the council makes arrangements under subsection (1) it may make a charge for the installation and removal of receptacles to the licence holders and temporary licence holders in question.
(3)Where any of the circumstances mentioned in subsection (4) apply in relation to a receptacle, it shall be lawful for the council to cause the receptacle and any items in or on it to be removed to a place of storage.
(4)The circumstances are—
(a)a receptacle used by a licence holder is not removed to a place of storage on the cessation of trading on any day;
(b)a receptacle is placed on a street in breach of the conditions of a street trading licence or temporary licence;
(c)a receptacle is placed on a street and an authorised officer considers that it is an urgent case and that for the good or safe management of the street the receptacle should be removed from the street; or
(d)a receptacle is placed on a street at the time of a special event or when works are being carried out in, over or under the street and an authorised officer considers that for the good or safe management of the street that the receptacle should be removed from the street.
(5)The council may recover from the licence holder the reasonable costs incurred by the council in removing and storing the receptacle and any items in or on it if the circumstances mentioned in subsection (4)(a) or (b) apply.
(6)Any costs recoverable under subsection (5) shall be payable by the licence holder before the return of the receptacle to him or her.
(7)The provisions of subsection (1) are without prejudice to the power of the council to take other enforcement action against the licence holder for any breach of the conditions of his or her licence arising from the failure to remove the receptacle.
(8)If a receptacle or any item in or on it is removed under subsection (1) and is not recovered by the licence holder by the expiry of the period of three months beginning with the date on which it was removed by the council it shall be lawful for the council to dispose of the receptacle or item in any way it thinks fit. The council shall take reasonable steps to sell the receptacle at the best possible price which can reasonably be obtained before disposing of it in any other manner.
(9)In subsection (4)(d), "special event" means a sporting event, parade, demonstration, procession, carnival, or other similar event that takes place on the street.
 

 
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Prepared 26 November 2008