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The UEFA European Championship (Trading and Advertising) (Scotland) Regulations 2020

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The UEFA European Championship (Trading and Advertising) (Scotland) Regulations 2020 No. 443

Types of trading exempt from trading offence

This section has no associated Policy Notes

6.—(1) The following trading activities are exempt from the trading offence—

(a)selling current newspapers,

(b)activity undertaken by Glasgow City Council, or undertaken, controlled or restricted by Glasgow Life,

(c)activity undertaken by a UEFA Partner,

(d)selling or delivering an article, or supplying a service, to a person in premises adjoining a road,

(e)selling a motor vehicle on private land generally used for the sale of motor vehicles,

(f)supplying motor vehicle cleaning services on private land generally used for the supply of those services,

(g)supplying motor vehicle parking services in a building designed or on other land designed or generally used for the parking of motor vehicles,

(h)supplying motor vehicle breakdown and recovery services,

(i)providing a public sanitary convenience,

(j)providing a telephone kiosk,

(k)providing an automated teller machine in or from a building for cash withdrawals and other banking services,

(l)trading as a walking tour operator,

(m)busking,

(n)supplying public transport services, including tourist services but not including supplying pedicabs,

(o)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,

(p)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(1).

(2) Paragraph (1)(a) does not apply to—

(a)selling current 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 purchaser is provided with an item or advertising supplement accompanying the newspaper, and forming part of an ambush marketing campaign.

(3) In this regulation—

“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,

“sanitary convenience” means closet or urinal,

“supplying pedicabs” means supplying transport services using pedal operated tricycles,

“tourist services” means public transport services primarily for the benefit of tourists, and

“walking tour operator” means a person who supplies services to the public comprising tours of an area on foot.

(1)

1982 c.45. Section 119 was last amended by the Local Government etc. (Scotland) Act 1994 (c.39). It is prospectively amended by the Charities Act 1992 (c.41) and prospectively repealed by the Charities and Trustee Investment (Scotland) Act 2005 (asp 10).

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