London Olympic Games and Paralympic Games Act 2006

25 Street trading, &c. E+W+S+N.I.

(1) The Secretary of State shall make regulations about trading in the vicinity of London Olympic events.

(2) In making the regulations the Secretary of State—

(a) shall aim to secure compliance with obligations imposed on any person by the Host City Contract,

(b) shall have regard to any requests or guidance from the International Olympic Committee, and

(c) shall also have regard to amenity and public safety (including in each case the need to avoid congestion).

(3) The regulations shall specify, or provide criteria for determining—

(a) the places in respect of which the regulations apply,

(b) the nature of the trading in respect of which the regulations apply, and

(c) what is, or is not, to be treated for the purposes of the regulations as trading in the vicinity of a place.

(4) The regulations may apply only in respect of trading which takes place—

(a) on a highway, or

(b) in another place—

(i) to which the public have access (whether generally or only for the purpose of the trading), and

(ii) which is not in any building other than one designed or generally used for the parking of cars.

(5) The regulations shall specify, or provide criteria for determining, the period of time during which they apply; and—

(a) the regulations shall apply only for such time as the Secretary of State considers necessary for the purpose of securing compliance with obligations imposed on any person by the Host City Contract, and

(b) the regulations may apply during different periods in respect of different places.

(6) The regulations shall permit, subject to any specified conditions, trading in accordance with an authorisation granted by—

(a) the Olympic Delivery Authority, or

(b) a person to whom the function of granting authorisations for the purpose of this subsection is delegated by the Authority (and the Authority may delegate the function to different persons in respect of different areas or activities).

(7) An authorisation may be subject to terms and conditions; in particular—

(a) an authorisation may be subject to terms and conditions about the times at which trading is carried out or about steps to be taken in respect of congestion, litter or noise, and

(b) an authorisation granted to a person may be subject to terms and conditions which are inconsistent with, or more onerous than, the terms and conditions of any other licence held by the person in respect of trading.

(8) The regulations shall include provision about the circumstances in which authorisations under subsection (6) may and may not be granted; and the regulations may, in particular—

(a) stipulate that an authorisation be granted in respect of a place only if a specified kind of licence exists in respect of trading in that place;

(b) stipulate that an authorisation be granted in respect of a place only if it is designated for a specified purpose in accordance with a specified enactment;

(c) stipulate that an authorisation be granted to a person only if he holds a specified kind of licence in respect of trading;

(d) stipulate that an authorisation may be granted for trading in the course of a fair or market (which the regulations may define) only where—

(i) the fair or market is held in accordance with a specified kind of licence or right, and

(ii) any other specified conditions are satisfied;

(e) require the Authority to have regard to the provisions of the Host City Contract;

(f) confer, subject to provisions of the regulations, an absolute discretion in respect of each application for authorisation.