City of Westminster Act 1999

21 Temporary licences U.K.

(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.

[F1 (2A) In the case of an application for a temporary licence which, if granted, would authorise street trading on land which falls within paragraph (b) in the definition of “street” in subsection (1) of section 2 (interpretation) of this Act, the applicant shall provide evidence in writing—

(a) that he has the consent to trade on the land from the owner of the land in question; or

(b) that he is the owner of the land in question.

(2B) An application for a temporary licence shall not be granted, if the licence would authorise street trading on land which falls within the said paragraph (b), unless the applicant has provided sufficient evidence, as is mentioned in subsection (3) of section 11 (applications) of this Act, to satisfy the council.

(2C) In the case of a temporary licence which authorises street trading on land which falls within the said paragraph (b), the licence shall lapse if—

(a) the consent to trade on the land is discontinued, and the council is provided with written notice of the discontinuance of the permission by the person who gave the consent or by a successor in title to that person; or

(b) the holder of the licence is no longer the owner of the land in question.

(2D) The council may revoke or suspend the operation of a temporary licence held in respect of land which falls within the said paragraph (b) if circumstances have arisen since the grant of the licence or are about to arise which necessitate such revocation or suspension on the grounds of safety.

(2E) Where a temporary licence is revoked or suspended under subsection (2D) above, the council shall return to the licensee such proportion of any fee paid for the granting of the licence as is appropriate, taking into account the period for which the licence was granted and the period remaining on the licence when it was revoked or the period for which the licence was suspended, as the case may be.]

(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.

Textual Amendments

F1 S. 21(2A)-(2E) inserted (19.9.2007) by London Local Authorities Act 2007 (c. ii), ss. 1(3), 54(2)

Commencement Information

I1 S. 21 in force at 25.5.1999, see s. 1(2)