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Touting

6Touting

(1)The council may designate, in accordance with subsection (3), any of the following places, or any part of such places, in the borough as places to which this section applies for any of the purposes of subsection (2)—

(a)a public off-street car park, recreation ground, garden or other park, pleasure ground or open space under the management and control of the council;

(b)a street.

(2)Any person who, in a place designated under this section, importunes any person by touting for a hotel, lodging house, restaurant or other place of refreshment, for a shop, for a theatre or other place of amusement or recreation, or for a boat or other conveyance shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3)Before designating any place for any of the purposes of subsection (2) the council shall give notice of their proposal by advertisement in a newspaper circulating in the borough, and by posting it in the places to which it relates, stating that objections to the proposal may be made to the proper officer of the council within a time, not less than 28 days after the giving of the notice, specified in the notice.

(4)After taking into consideration any objections made in accordance with subsection (3), the council may by resolution designate as places to which this section applies for any of the purposes of subsection (2) all or any, or any part, of the places specified in the notice given under that subsection.

(5)A resolution under subsection (4) shall come into force on such day as shall be specified by a notice given in the same manner as a notice given under subsection (3), being a day not less than 28 days after the day on which notice is given under this subsection.

(6)This section shall not prohibit the doing of anything on land by the owner or occupier of the land, or by any person with the consent of the owner or occupier, or the doing of anything on land forming part of a highway by the owner or occupier of land fronting that part.