Schedule 2Trading offence: exemptions for certain types of trading
Types of trading exempt from trading offence
1
Activity is exempt from the trading offence if it constitutes—
(a)
selling current newspapers,
(b)
activity undertaken by Glasgow City Council,
(c)
activity undertaken, controlled or restricted by Glasgow Life,
(d)
activity undertaken by a UEFA Partner,
(e)
selling or delivering an article, or supplying a service, to a person who is in premises adjoining a road,
(f)
selling a motor vehicle on private land generally used for the sale of motor vehicles,
(g)
supplying motor vehicle cleaning services on private land generally used for the supply of those services,
(h)
supplying motor vehicle parking services in a building designed or on other land designed or generally used for the parking of motor vehicles,
(i)
supplying motor vehicle breakdown and recovery services,
(j)
providing a public sanitary convenience,
(k)
providing a telephone kiosk,
(l)
providing an automated teller machine in or from a building for cash withdrawals and other banking services,
(m)
trading as a walking tour operator,
(n)
busking,
(o)
supplying public transport services, including tourist services but not including supplying pedicabs,
(p)
activity on land adjacent to exempt retail premises provided that the activity—
(i)
forms part of the usual business of the owner of the premises or a person assessed for rating in respect of the premises, and
(ii)
takes place during the period for which the premises are open to the public for business,
(q)
activity carried out by a person who has been granted permission in respect of the activity by Glasgow City Council under section 119 of the Civic Government (Scotland) Act 1982 (charitable collections).
2
Paragraph 1(a) does not apply to—
(a)
selling newspapers in a street if the selling is done in a manner that causes undue interference or inconvenience to persons using the street, or
(b)
selling a newspaper if the seller is participating in ambush marketing by providing the purchaser with an item or advertising supplement accompanying the newspaper.
Interpretation
3
In this schedule—
(a)
any reference (however phrased) to selling an article includes—
(i)
a reference to offering or exposing an article for sale, and
(ii)
trading by a person acting as a pedlar (whether or not under the authority of a certificate granted under the Pedlars Act 1871),
(b)
any reference (however phrased) to supplying a service includes a reference to offering to supply a service.
4
In this schedule—
“busking” means a performance of live music in a street, during which members of the public are invited to give money to the performers,
“exempt retail premises” means a building normally used as—
(a)
a shop,
(b)
a restaurant or bar or otherwise used for the supply of meals, refreshments or alcohol to the public, or
(c)
a petrol filling station, car showroom or car garage,
“Glasgow Life” means Culture and Sport Glasgow, a company limited by guarantee, registered in Scotland (number SC313851) and having its registered office at 38 Albion Street, Glasgow G1 1LH,
“motor vehicle” has the same meaning as in section 185 of the Road Traffic Act 1988,
“sanitary convenience” means a toilet or urinal,
“supplying pedicabs” means supplying transport services using pedal operated tricycles,
“tourist services” means public transport services primarily for the benefit of tourists,
“walking tour operator” means a person who supplies services to the public comprising tours of an area on foot.