Parliamentary portcullis Session 2008-09
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SCHEDULE 5
Section 10(3)

Procedure in relation to, and duration of, temporary alternative designation and suspension of designating resolutions

Subject to paragraphs 4, 6 and 7, a temporary designation or a suspension under section 10(1) (temporary alternative designation and suspension of designating resolutions) shall remain in force for a period of no longer than five years from the date of designation and any street trading licence for the licensable area may be transferred, with any necessary modification to that licence, to the temporarily designated licensable area.
Subject to paragraph 3, before temporarily designating an alternative location for a licensable area the council shall consult—
(a)any licence holder in the licensable area;
(b)the Police Commissioner; and
(c)the highway authority (if it is not the council).
Paragraph 2 shall not apply in the case where the relocation is required—
(a)in a case of urgency;
(b)to enable works to be carried out in, over or under the street; or
(c)for a short term period for a relevant special event.
Where a relocation is required for any of the reasons mentioned in paragraph 3, the council shall make efforts to notify the licence holder as far in advance of the relocation as is reasonably practicable in the circumstances.
Where an alternative location for a licensable area has been designated in a case of urgency the temporary designation shall not remain in force after the expiry of 28 days from the date of designation, unless before then the council has—
(a)commenced consultation with the persons mentioned in paragraph 2; or
(b)given a notice to the licence holder of a proposal to rescind the designating resolution or pass a resolution to designate an alternative licensable area under paragraph 1 of Schedule 4.
If the council consults under paragraph 2, the temporary designation may remain in force for a period of no longer than five years from the date of designation.
Where an alternative location for a licensable area has been designated to enable works to be carried out in, over or under a street, the temporary designation shall cease to have effect after the works have been completed.
In the case of a relevant special event—
(a)the council shall, if practicable, give any licence holder in the licensable area in question reasonable notice of any temporary designation of an alternative site or a temporary suspension of a designating resolution;
(b)unless otherwise required by the Police Commissioner, a temporary designation or temporary suspension shall not—
(i)commence any earlier than the beginning of the day before the day on which the event begins; and
(ii)remain in force any later than the end of the day following the day on which the event ends.
In this Schedule—

"relevant special event" means a sporting event, parade, demonstration, procession, carnival, or other event that takes place on the street and which in the opinion of the council would, if it took place, result in street trading in the licensable area in question being unsuitable on the grounds of undue interference or inconvenience or a safety hazard being caused to people using the street;

"short term period" means a period of no longer than 7 days.

 

 
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Prepared 26 November 2008