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PART 3Licensing

CHAPTER 2Street Trading

Street trading on certain bridges

37Bridges in the City of Westminster and London Borough of Lambeth

(1)The city council and the borough council may enter into agreements to secure that—

(a)Part III (street trading) of the Act of 1990; or

(b)the Act of 1999,

shall apply as respects the whole or part of any relevant bridge.

(2)If an agreement is made under subsection (1) above, the Act of 1999 or Part III of the Act of 1990, as the case may be, shall apply to the part of the relevant bridge in question as though it was within the area of the city or, as the case may be, the borough.

(3)Without prejudice to the generality of subsection (2) above, proceedings in relation to an alleged offence of unlicensed street trading on a relevant bridge shall be commenced in the magistrates' court for the relevant petty sessions area.

(4)Either council may rescind any agreement under subsection (1) above by giving three months' written notice to the other.

(5)Where, immediately before the date on which an agreement under this section comes into effect or is rescinded (the “relevant date”)—

(a)a street trading licence is held under Part III of the Act of 1990 or the Act of 1999, as the case may be, in respect of an area which is the subject of the agreement;

(b)any proceedings in respect of an offence under Part III of the Act of 1990 or under the Act of 1999, as the case may be, had been commenced; and

(c)by that agreement—

(i)the Act of 1999 applies to the area instead of Part III of the Act of 1990; or

(ii)Part III of the Act of 1990 applies to the area instead of the Act of 1999,

subsection (6) or (7) below shall apply, as appropriate.

(6)In the circumstances mentioned in subsection (5)(a) above, the licence in question shall continue in force subject to the same conditions as though it had been issued under whichever of Part III of the Act of 1990 or the Act of 1999 applies after the relevant date.

(7)In the circumstances mentioned in subsection (5)(b) above, the proceedings in question shall continue until their conclusion under whichever of Part III of the Act of 1990 or the Act of 1999 applied before the relevant date, notwithstanding that Part III of the Act of 1990 or the Act of 1999 no longer applies to the part of the bridge in question.

(8)In this section—