City of Westminster Act 1999

2 Interpretation U.K.

[F1 (1)] In this Act, except as otherwise expressly provided or unless the context otherwise requires—

• F2 ...

• “the city” means the City of Westminster;

• “the Commissioner” means the Commissioner of Police of the Metropolis;

• “the council” means the Westminster City Council;

• “house” includes any part of a building constituting a separate dwelling;

• “ice cream trading” means the selling, exposing or offering for sale of goods consisting wholly or mainly of ice cream, frozen confectionery or other similar commodities;

• “itinerant ice cream trading” means ice cream trading from a vehicle which goes from place to place remaining in any one location in the course of trading for short periods only;

• “licence street” means a street or part of a street designated under section 5 (Designation of streets and specification of articles) and section 6 (Designating resolution) of this Act;

• “receptacle” includes a vehicle, trailer or stall and any basket, bag, box, vessel, stand, easel, board, tray or thing which is used (whether or not constructed or adapted for such use) as a container for or for the display of any article or thing or equipment used in the provision of any service;

• “street” includes—

  (a)

  any road or footway;

  (b)

  any other area, not being within permanently enclosed premises, within 7 metres of any road or footway, to which the public [F3 obtain access without payment—

  (i)

  whether or not they need the consent of the owner or occupier; and

  (ii)

  if they do, whether or not they have obtained it;]

  (c)

  any part of such road, footway or area;

  (d)

  any part of any housing development provided or maintained by a local authority under Part II of the [1985 c. 68.] Housing Act 1985;

• “street trading” means, subject to [F4 [F5 subsections (1A) and (2)] below and] section 3 (Exemptions) of this Act—

  (a)

  the selling, offering for sale, display or exposing for sale of any article (including a living thing); and

  (aa)

  [F6 the purchasing of or offering to purchase any ticket for gain or reward; and]

  (b)

  the supplying or offering to supply a service for gain or reward [F7 (whether or not the gain or reward accrues to the person actually carrying out the trading)],

  in a street;

• “street trading licence” means a licence granted under this Act but excludes a temporary licence;

• “street trading pitch” means the area authorised by a street trading licence or a temporary licence for street trading purposes;

• “temporary licence” means a licence granted under this Act for one or more days not exceeding six months.

[F8 (1A) In this Act ”street trading" shall also include the selling or exposure or offer for sale of any motor vehicle in the course of business if the vehicle is—

(a) exposed or offered for sale on the internet; and

(b) kept on a street during the period when it is so exposed or offered for sale.]

[F9 (2) In determining whether activity amounts to street trading for the purposes of this Act, the fact—

(a) that a transaction was completed elsewhere than in a street in the case where the initial offer or display of the articles in question or the offer of services, as the case may be, took place in a street;

(b) that either party to the transaction was not in a street at the time it was completed;

(c) that the articles actually sold or services actually supplied, as the case may be, were different from those offered,

shall be disregarded.]

Textual Amendments

F1 S. 2 renumbered as s. 2(1) (19.9.2007) by London Local Authorities Act 2007 (c. ii), ss. 1(3), 50(1)

F2 Words in s. 2 repealed (13.7.2004) by London Local Authorities Act 2004 (c. i), ss. 1(1), 28(4)(5), Sch. 5

F3 Words in s. 2(1) substituted (19.9.2007) by London Local Authorities Act 2007 (c. ii), ss. 1(3), 50(2)

F4 Words in s. 2(1) inserted (19.9.2007) by London Local Authorities Act 2007 (c. ii), ss. 1(3), 50(3)(a)

F5 Words in s. 2 substituted (27.5.2012) by London Local Authorities Act 2012 (c. ii), ss. 1(3), 10(2)

F6 Words in s. 2 inserted (13.7.2004) by London Local Authorities Act 2004 (c. i), ss. 1(1), 20(2)

F7 Words in s. 2(1) inserted (19.9.2007) by London Local Authorities Act 2007 (c. ii), ss. 1(3), 50(3)(b)

F8 S. 2(1A) inserted (27.5.2012) by London Local Authorities Act 2012 (c. ii), ss. 1(3), 10(3)

F9 S. 2(2) inserted (19.9.2007) by London Local Authorities Act 2007 (c. ii), ss. 1(3), 50(4)

Commencement Information

I1 S. 2 in force at 25.5.1999, see s. 1(2)