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Arrangement of Clauses (Contents)

City of London (Various Powers) Bill [HL]
[AS AMENDED IN COMMITTEE]

 

A

BILL
[AS AMENDED IN COMMITTEE}

[AS AMENDED IN COMMITTEE]

To amend the provision for the control of street trading in the City of London; to make provision relating to City walkways; and for related purposes.

WHEREAS—

(1)It is expedient to amend the provisions of the City of London (Various Powers) Act 1987 (c. xv) governing street trading to enable the Corporation to facilitate events involving street trading by issuing temporary licences; to license trading by occupiers in the street outside their business premises; to enforce the regulation of street trading in the City; and to amend the process for fixing the charges made to street traders:
(2)It is expedient to amend the provisions of the City of London (Various Powers) Act 1967 (c. xlii) relating to city walkways to enable the City to recover certain costs and to improve parking enforcement:
(3)It is expedient that the other provisions contained in this Act should be enacted:
(4)The purposes of this Act cannot be obtained without the authority of Parliament:
(5)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:—
1Citation

This Act may be cited as the City of London (Various Powers) Act 2013.

2Interpretation

In this Act, "the 1987 Act" means the City of London (Various Powers) Act 1987 (c. xv).

Street Trading

3Temporary street trading
(1)The 1987 Act is amended as follows.
(2)In section 6 (interpretation of Part 3)—
(a)in the definition of "licensed street trader"—
(i)after "person" insert "(including a temporary licence holder)"; and
(ii)after "by a" insert "street trading";
(b)in the definition of "receptacle", after "vehicle" insert ", trailer";
(c)in the definition of "street trading licence", at end insert ", and includes a temporary licence"; and
(d)at the appropriate places, insert the following definitions—

""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;

"temporary licence" means a licence granted under section 11A;

"temporary licence holder" means the holder of a temporary licence and includes any person who, by virtue of an agreement of the sort described in section 11A(5) is entitled to exercise any rights conferred by a temporary licence.".

(3)In section 10 (fees for street trading licences), at end insert—
"(3)In this section "street trading licence" does not include a temporary licence.".
(4)After section 11 insert—
"11ATemporary Licences
(1)A temporary licence is a licence granted under this section which permits the temporary licence holder to carry on street trading—
(a)in the licence area specified in the licence;
(b)for the period (not exceeding 21 days) specified in the licence; and
(c)in accordance with—
(i)     the terms and conditions of the licence;
(ii)    subject to such terms and conditions, the information provided in connection with the application for the licence; and
(iii)   the provisions of any agreement of the sort described in subsection (5), approved by the Corporation and specified in the temporary licence.
(2)The Corporation may on receipt of an application for a temporary licence grant the applicant a temporary licence subject to such conditions (including conditions as to charges and the recovery of expenses) as the Corporation may determine.
(3)An application for a temporary licence shall—
(a)be made in writing to the Corporation in the form and manner prescribed by the Corporation;
(b)be accompanied by the application fee chargeable under subsection (6); and
(c)provide such details as the Corporation shall from time to time determine including, but not restricted to, the information described in subsection (4).
(4)The information referred to in subsection (3) is—
(a)such information about the applicant as the Corporation may require;
(b)particulars of the articles or things in which the applicant desires to trade;
(c)a description of the area the applicant wishes to be specified in the temporary licence as the licence area, to be shown by reference to a plan;
(d)particulars of the period (not exceeding 21 days) for which the applicant desires the temporary licence to have effect;
(e)particulars of the days on which and the times between which the applicant desires to trade; and
(f)full particulars of any proposed agreement of the sort described in subsection (5).
(5)Subsection (4)(f) refers to any proposed agreement between an applicant and any person that provides for such person to become a temporary licence holder by virtue of the temporary licence to which the application relates.
(6)The Corporation may charge such fees for applications for and grant of temporary licences as it may determine and as may be sufficient in aggregate to cover the reasonable administrative or other costs it incurs in connection with applications under this section.
(7)In this section "licence area" means the area, not being an area in the part of Middlesex Street described in section 7 (street trading in Middlesex Street market), which is specified in a temporary licence as the area within which street trading is permitted.".
4Unauthorised street trading: amendment of enactments

In the City of London (Various Powers) Act 1965 (c.xxxix), in subsection (1) of section 13 (which prohibits unauthorised street trading), after "1987" insert "or in accordance with a temporary licence granted under section 11A of that Act".

5Temporary licences: offences
(1)Section 16 of the 1987 Act (which provides for offences and penalties in respect of unauthorised street trading) is amended as follows.
(2)In subsection (1), after "prescription of the licence" insert "or any provision of a temporary licence".
(3)After subsection (2) insert—
"(2A)Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of the offence and liable to the same maximum penalty as the body corporate.".
6Increased penalties for unlicensed street trading

In section 16(3) of the 1987 Act for "level 2" substitute "level 3".

7Enforcement
(1)At the appropriate place in section 6 of the 1987 Act insert—

""authorised officer", in relation to any function of the Corporation under sections 16A to 16G of this Act, means—

(a)any officer or employee of the Corporation;
(b)any person by whom, in pursuance of arrangements made with the Corporation, any enforcement functions under this Part fall to be discharged; or
(c)any employee of any such person,

who is authorised in writing by the Corporation to act in relation to that function;".

(2)After section 16 of the 1987 Act insert—
 "16A   Seizure
(1)Subject to subsection (2) and section 16E (seizure of perishable articles or things), if an authorised officer or a constable has reasonable grounds for believing that a person has committed an offence under section 16 (offence of unlawful street trading) the authorised officer or constable may seize—
(a)any article or thing being offered for sale, displayed or exposed for sale; or
(b)any other article or thing of a similar nature to that being offered or exposed for sale which is in the possession or under the control of any person who is displaying an article or thing; or
(c)any receptacle or equipment being used by that person.
(2)An article or thing may only be seized under subsection (1) if it may be required to be used in evidence in any proceedings in respect of the offence in question, or may be the subject of forfeiture under section 16C (forfeiture of seized articles or things by court).
(3)An authorised officer shall produce the authority under which the authorised officer acts if required to do so by the person having control or possession of anything seized in pursuance of the powers in subsections (1) and (2).
 16B   Return of seized articles or things
(1)The provisions of this section shall have effect where any article or thing is seized under section 16A (seizure).
(2)In this section, references to proceedings are to proceedings in respect of the alleged offence in relation to which the article or thing is seized.
(3)Subject to subsections (8) and (9), following the conclusion of the proceedings the article or thing shall be returned to the person from whom it was seized unless—
(a)the court orders it to be forfeited under section 16C (forfeiture of seized articles or things by court); or
(b)any award of costs to the Corporation by the court, which may include removal, return and storage costs, have not been paid within 28 days of the making of the order.
(4)Where after 28 days any costs awarded by the court to the Corporation have not been paid to the Corporation in full—
(a)the article or thing may be disposed of;
(b)any sum obtained by the Corporation in excess of the costs awarded by the court shall be returned to the person to whom the article or thing belongs; and
(c)when any article or thing is disposed of by the Corporation under this subsection the Corporation shall have a duty to secure the best possible price which can reasonably be obtained for that article or thing.
(5)Subject to subsection (6), where a receptacle seized under section 16A is a motor vehicle used for ice cream trading, the Corporation or the Commissioner of Police (as the case may be) shall, within 3 days of the receipt of an application in writing by the owner or registered keeper of the vehicle, permit the person to remove it.
(6)Subsection (5) shall not apply where—
(a)the owner or registered keeper of the vehicle has been convicted of an offence under this Act; and
(b)the offence was committed no more than 3 years before the seizure.
(7)Subject to subsection (9) and, in the case of a motor vehicle, to section 16F (motor vehicles), the article or thing shall be returned to the person from whom it was seized—
(a)if no proceedings have been instituted before the expiry of 28 days beginning with the date of seizure, at the expiration of that period; or
(b)if proceedings instituted within that period are discontinued, on such discontinuance taking place,
unless it has not proved possible, after diligent enquiry, to identify that person or ascertain the person's address.
(8)Subsection (9) applies where the article or thing is not returned because—
(a)it has not proved possible to identify the person from whom it was seized or ascertain the person's address; or
(b)the person from whom it was seized and the owner (if different) have disclaimed or refused to accept it.
(9)Where this subsection applies, the Corporation may make a complaint to the magistrates' court for a disposal order under section 16G (disposal orders) whether or not proceedings for an offence under this section have been commenced.
 16C   Forfeiture of seized articles or things by court
(1)Subject to subsection (2), the court by or before which a person is convicted of an offence under section 16 may order anything produced to the court, and shown to the satisfaction of the court to relate to the offence, to be forfeited and dealt with in such manner as the court may order.
(2)The court shall not order anything to be forfeited under subsection (1) where a person claiming to be the owner of or otherwise interested in it applies to be heard by the court, unless an opportunity has been given to that person to show cause why the order should not be made.
(3)In considering whether to make an order under subsection (1), a court shall have regard—
(a)to the value of the property; and
(b)to the likely financial and other effects on the offender of the making of the order (taken together with any other order that the court contemplates making).
(4)The court may order forfeiture notwithstanding that the value of the article or thing exceeds the maximum penalty referred to in section 16.
 16D   Seizure: compensation
(1)This section shall have effect where—
(a)an article or thing is seized under section 16A (seizure); and
(b)either—
(i)     the circumstances in subsection (2) apply; or
(ii)    not less than 6 months have passed since the date of the seizure and no proceedings have been instituted for an offence under section 16 in respect of the act or circumstances which occasioned the seizure.
(2)The circumstances mentioned in subsection (1)(b)(i) are that proceedings for an offence under section 16 have been brought and either—
(a)the person charged has been acquitted (whether or not on appeal) and the time for appealing against or challenging the acquittal (where applicable) has expired without an appeal or challenge being brought; or
(b)the proceedings (including any appeal) have been withdrawn, or have failed for want of prosecution, by the Corporation.
(3)When this section has effect, a person who has, or at the time of seizure had, a legal interest in the article or thing seized may recover compensation from the Corporation or (where it is seized by a constable) the Commissioner of Police by civil action in the county court in respect of any loss suffered by that person as a result of the seizure.
(4)The court may only make an order for compensation under subsection (3) if satisfied that seizure was not lawful under section 16A.
(5)Any compensation payable under subsection (3) shall not be included in the computation for calculating charges under section 12 (charges to licensed street traders).
 16E   Seizure of perishable articles or things
(1)No article or thing which is of a perishable nature (in this section referred to as a "perishable article or thing") shall be seized under the provisions of section 16A (seizure) unless the Corporation gives a notice in writing under subsection (2) to the person from whom the article or thing is seized.
(2)Where a perishable article or thing is seized under section 16A, the person from whom it is seized shall be given a notice in writing—
(a)stating the effect of subsection (5) and section 16C (forfeiture of seized articles or things by court);
(b)giving the address from which the article or thing may be collected; and
(c)stating that if that person is not the owner of the article or thing, then that person should give the owner the information referred to in paragraphs (a) and (b).
(3)The Corporation shall store any perishable article or thing seized under section 16A at an appropriate temperature.
(4)If the person from whom a perishable article or thing was seized or the owner of the article or thing goes to collect the article or thing then it shall be returned to that person unless it has been disposed of under subsection (5).
(5)If the person from whom a perishable article or thing was seized fails to collect it within 48 hours of the seizure, the Corporation may dispose of it.
(6)When any perishable article or thing is disposed of by the Corporation under subsection (5), the Corporation shall have a duty to secure the best possible price which can reasonably be obtained for it.
(7)Section 16B(1) to (4) (return of seized articles or things) and section 16C(1) and (2) shall apply to a perishable article or thing seized under section 16A only in cases where the article or thing concerned has not been disposed of by the Corporation at the conclusion of the proceedings in respect of the alleged offence in relation to which the article or thing was seized.
(8)Section 16B(7) to (9) shall apply to a perishable article or thing seized under section 16A only in cases where the article or thing concerned has not been disposed of by the Corporation at the expiration of the period of 28 days beginning with the date of seizure; and otherwise subsections (10) to (12) shall apply.
(9)Section 16D (seizure: compensation) shall, with the exception of subsection (4), apply in respect of a perishable article or thing in cases where the article or thing concerned has not been disposed of by the Corporation; and otherwise subsections (10) to (12) shall apply.
(10)Subsection (12) shall have effect where the Corporation has disposed of a perishable article or thing under subsection (5) and the following condition applies.
(11)The condition referred to in subsection (10) is that no proceedings in respect of the alleged offence in relation to which the article or thing was seized are instituted before the expiration of a period of 28 days beginning with the date of seizure of the article or thing, or any such proceedings instituted within that period are discontinued.
(12)When this subsection has effect a person who has, or at the time of seizure had, a legal interest in the article or thing seized may recover compensation from the Corporation or (where it is seized by a constable) the Commissioner of Police by civil action in the county court in respect of any loss suffered by that person as a result of the seizure.
(13)Any compensation payable under subsection (12) shall not be included in the computation for calculating charges under section 12 (charges to licensed street traders).
 16F   Motor vehicles
(1)Subsection (4) applies where a motor vehicle has been seized under section 16A(1) (seizure) and the following conditions are met.
(2)The first condition is that, in ascertaining the identity of the person from whom a vehicle was seized, the Corporation has, before the expiry of the period of 14 days from the date of the seizure, made a request to the Secretary of State for the supply of relevant particulars.
(3)The second condition is that those particulars have not been supplied to the Corporation before the date after which the Corporation would, but for this section, have to return the vehicle in accordance with section 16B(7).
(4)When this subsection applies and—
(a)no proceedings are instituted in respect of the alleged offence in respect of which the vehicle was seized before the expiry of the period of 14 days beginning with the date on which the relevant particulars are supplied; or
(b)any such proceedings instituted within that period are discontinued,
the Corporation shall return the vehicle to its owner at the expiry of that period or on the discontinuance of the proceedings, as the case may be.
(5)If the Corporation seeks to return a vehicle in accordance with subsection (4), but the person to whom the Corporation seeks to return the vehicle cannot be found or disclaims or refuses to accept the vehicle, the Corporation may make a complaint to the magistrates' court for a disposal order in respect of the vehicle under section 16G (disposal orders).
(6)In this section, "relevant particulars" are particulars relating to the identity of the owner of the vehicle contained in the register of mechanically propelled vehicles maintained by the Secretary of State under the Vehicle Excise and Registration Act 1994.
(7)The owner of a vehicle for the purposes of this section shall be taken to be the person by whom the vehicle is kept.
(8)In determining who was the owner of a motor vehicle at any time, it shall be presumed that the owner is the person in whose name the vehicle is at that time registered under the said Act of 1994.
 16G   Disposal orders
(1)This section applies to a complaint made by the Corporation for a disposal order under—
(a)section 16B(9) (return of seized articles or things); or
(b)section 16F(5) (motor vehicles),
and items in this section that are the subject of the complaint are referred to as "seized articles or things".
(2)On a complaint to which this section applies, the magistrates' court, if satisfied that the Corporation has made reasonable efforts—
(a)to identify the person from whom the seized article or thing was seized or its owner, as the case may be; or
(b)to return the seized article or thing,
may make an order under this section.
(3)An order under this section is an order authorising the Corporation—
(a)to dispose of the seized article or thing in question; and
(b)after payment out of any proceeds arising from the disposal of the expenses incurred in the seizure, storage and disposal, to apply the balance, if any, towards the costs of the Corporation as mentioned in section 12 (charges to licensed street traders).
(4)The court shall not make a disposal order under this section where a person claiming to be the owner of or otherwise interested in the seized article or thing applies to be heard by the court, unless an opportunity has been given to that person to show cause why the order should not be made.
(5)Subsection (6) applies where—
(a)a person appears before the court under subsection (4) to show cause why the order should not be made;
(b)the court makes a disposal order under this section authorising the Corporation to dispose of the article or thing;
(c)the seized item in question is not of sufficient value to defray the expenses of seizing and storing it; and
(d)the court is satisfied that the person mentioned in paragraph (a) was the owner of the seized item in question or was the person from whom it was seized, as the case may be.
(6)Where this subsection applies, the court may order the person mentioned in subsection (5)(a) to pay the expenses, or the balance of the expenses, reasonably incurred by the Corporation in seizing and storing the seized item in question.
(7)In considering whether to make a disposal order under this section, a court shall have regard—
(a)to the value of the seized item;
(b)to the likely financial and other effects on any relevant person of the making of the order (taken together with any other order that the court contemplates making); and
(c)to any other circumstances considered to be relevant.
(8)The court may make a disposal order under this section even though the value of the seized item exceeds the maximum penalty for the offence in respect of which the seized item had originally been seized had the said offence been prosecuted to conviction.
(9)In this section,
"owner", in respect of a vehicle, has the same meaning as in section 16F; and
"relevant person" means the owner of the article or thing and (if different) the person from whom the article or thing was seized.
 16H   Provision of information by the Corporation
The Corporation shall publish on its website information about—
(a)the provisions of this Part; and
(b)its policies as to enforcement of those provisions.
 16I   Training
(1)The Corporation shall not authorise an officer to exercise powers under—
(a)section 16A, or
(b)section 15(1) of the London Local Authorities Act 2004 (fixed penalty offences) in respect of an offence under section 16(1) of this Act,
unless it is satisfied that the officer has received adequate training in acting for those purposes.
(2)The Corporation shall make the training referred to in subsection (1) available also to constables who carry out any enforcement functions under this Part.".
(3)In the London Local Authorities Act 2004, in Schedule 2 (which lists the offences in respect of which a fixed penalty notice can be given under section 15 (fixed penalty offences) of that Act), at the beginning insert—
"A1City of London (Various Powers)
Act 1987 (c. xv)
16(1) (part)Unauthorised street trading".
 

 
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