The Roads (Northern Ireland) Order 1993

Trading kiosks

62.—(1) This Article applies to any trading kiosk which—

(a) having been placed in a road by the Department in the exercise of its powers under Article 5 of the Social Need (Northern Ireland) Order 1986 is sold by the Department to another person under paragraph (3) of that Article; or

(b) having been placed in a road by the Department or a district council in the exercise of its powers under Article 101 of the Planning Order, is sold by the Department or council to another person under paragraph (2A) or (5) of that Article.

(2) Where a trading kiosk to which this Article applies is present in a road, the owner of that kiosk shall, unless there is in force a licence under this Article authorising its presence in that road, be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) Where—

(a) a person is convicted of an offence under paragraph (2); and

(b) he does not, within such period as the court may allow, remove the trading kiosk in question and make good any damage to the road,

then the Department may itself—

(i) remove that trading kiosk and dispose of it in such manner as the Department thinks fit; and

(ii) make good any damage to the road.

(4) The Department may by a licence issued under this Article to the owner of a trading kiosk to which this Article applies authorise the presence of that trading kiosk in a road and in a position specified in the licence.

(5) The Department may—

(a) issue a licence under this Article to the owner of a trading kiosk and insert in the licence a provision prohibiting assignment of the licence; or

(b) issue such a licence to the owner of a trading kiosk and his successors in title, the licence, unless withdrawn or surrendered, to be transferred with the ownership of the trading kiosk;

and references in this Article to the licensee are references to the person who is for the time being entitled to the benefit of a licence under this Article.

(6) A licence under this Article shall be issued subject to such conditions as the Department thinks fit.

(7) Without prejudice to the generality of paragraph (6), a licence under this Article may be issued subject to conditions—

(a) regulating the maintenance, repair and alteration of the trading kiosk to which the licence relates;

(b) requiring the licensee to give the Department not less than 6 weeks notice of his intention to cease using or abandon that trading kiosk.

(8) The Department may by notice served on the licensee withdraw a licence issued under this Article—

(a) on the expiration of such period as may be specified in the notice, being a period of not less than 7 days beginning with the date of service of the notice on the licensee, if—

(i) any condition subject to which the licence was issued is contravened by the licensee; or

(ii) the Department becomes aware that the licensee intends to cease using or abandon the trading kiosk;

(b) on the expiration of such period as may be so specified, being a period of not less than 3 months beginning with that date, if—

(i) the Department considers the withdrawal of the licence is necessary for the purpose of the exercise of its functions under this Order; or

(ii) in the case of a licence relating to a trading kiosk mentioned in paragraph (1)(b), an order under Article 100 of the Planning Order ceases to apply in relation to the road on which the kiosk is present.

(9) Unless withdrawn or surrendered by the licensee, a licence under this Article shall remain in force for such period as may be specified therein.

(10) Where a licence under this Article expires or is withdrawn or surrendered—

(a) the Department may require the last licensee, within such period as the Department may specify, to remove the trading kiosk to which the licence relates and make good any damage to the road; and

(b) if the last licensee fails to comply with any such requirement the Department may itself—

(i) remove that trading kiosk and dispose of it in such manner as the Department thinks fit; and

(ii) make good any damage to the road.

(11) The licensee or (in the case of a licence which has expired or been withdrawn or surrendered) the last licensee shall indemnify the Department against any claim in respect of injury, damage or loss arising out of—

(a) the presence in a road of the trading kiosk to which the licence relates; or

(b) the carrying out by any person of any works required under paragraph (10),

other than a claim in respect of injury, damage or loss which is attributable to the negligence of the Department.

(12) In paragraphs (10) and (11) “the last licensee” means the person who, immediately before the expiration, withdrawal or surrender of the licence, was the licensee or, if that person has died, his personal representative.

(13) Where any trading kiosk is disposed of by sale under paragraph (3)(i) or (10)(b)(i) the expenses of removal and sale and of making good any damage to the road shall be defrayed out of the proceeds thereof and the balance of the proceeds (if any) shall be applied in the same manner as is provided for with respect to fines by section 20 of the Administration of Justice Act (Northern Ireland) 1954(1).

(14) Where the Department disposes of any trading kiosk under paragraph (3)(i) or (10)(b)(i)—

(a) by sale and the proceeds are not sufficient to defray the Department’s expenses; or

(b) in some manner other than by sale,

the Department may recover from the owner of the trading kiosk any expenses reasonably incurred by it in removing and disposing of the trading kiosk and making good any damage to the road.

(1)

1954 c. 9 (N.I.)