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(a)a person uses for trading under Part VIIA of the Highways Act 1980 (c. 66), any object or structure placed on, in or over a highway in a borough immediately before the date on which subsection (6) of section 38 (interpretation of Part III of Act of 1990) of this Act comes into force in the borough; or
(b)operates facilities in the borough for recreation or refreshment under the said Part VIIA immediately before that date on which this section comes into force in the borough; and
(i)the grant of a street trading licence to authorise that activity; or
(ii)the variation of an existing street trading licence to authorise that activity,
is made in respect of those premises within four weeks of that date, subsection (2) below applies to that activity.
(2)Any activity to which this subsection applies may lawfully continue to be carried on until the determination or withdrawal of the application mentioned in subsection (1) above and if an appeal is lodged until the determination or abandonment of the appeal.
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