City of Westminster Act 1999

21 Temporary licences

(1) The council may if they think fit on the receipt from any person of an application for that purpose and accompanied by the appropriate fee grant to that person a temporary licence.

(2) A temporary licence shall remain in force only for the day or period specified in the licence and—

(a) shall be in a similar form to a street trading licence with such modifications therein as the circumstances require; and

(b) shall contain such terms and conditions as the council may specify.

(3) Where the holder of a street trading licence is not for the time being exercising his rights under the licence or has indicated in writing to the council his intention not to exercise those rights, a temporary licence authorising street trading from the same street trading pitch may be granted to any other person but subject to the condition that—

(a) in a case where a temporary licence has been granted but has yet to come into effect; or

(b) in a case where a temporary licence is granted for longer than 24 hours and has come into effect,

the temporary licence shall, if the appropriate notice is given by the holder of the street trading licence, cease to be valid at the end of the day on which the appropriate notice expires.

(4) Where a temporary licence ceases to be valid under subsection (3) above—

(a) if it ceases to be valid before it comes into effect, the application fee shall be returned to the applicant by the council;

(b) in any other case, the proportion of the application fee which is attributable to any period in respect of which the temporary licence ceases to be valid shall be returned to the applicant by the council.

(5) In this section “appropriate fee” means such fee as the council may have determined under section 22 (Fees and charges) of this Act and “appropriate notice” means 24 hours notice or 7 days notice where a temporary licence has been granted for longer than 24 hours.

(6) The council may establish a register of persons to whom they would be prepared to grant temporary licences.