SCHEDULE l9LONDON LOCAL AUTHORITIES ACT 1990 PART III AS HAVING EFFECT IN ACCORDANCE WITH SECTION 6 (STREET TRADING) OF THIS ACT

PART IIISTREET TRADING

21Interpretation of Part III

1

In this Part of this Act—

  • “grant”, unless the context otherwise requires, includes renew and renewal, and cognate words shall be construed accordingly;

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

  • “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 designated under section 24 (designation of licence streets) of this Act;

  • “receptacle” includes a vehicle 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—

    1. a

      any road or footway;

    2. b

      any other area, not being within permanently enclosed premises, within 7 metres of any road or footway, to which the public have access without payment;

    3. c

      any part of such road, footway or area;

    4. 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 subsection (2) below the selling or exposing or the offering for sale of any article (including a living thing) or the supplying or offering to supply any service in a street for gain or reward;

  • “street trading licence” means a licence granted under this Part of this Act and valid for the period specified therein being not less than six months and not more than three years;

  • “temporary licence” means a licence granted under this Part of this Act valid for a single day or for such period as may be specified in the licence not exceeding six months.

2

The following are not street trading for the purposes of this Part of this Act:—

a

trading by a person acting as a pedlar under the authority of a Pedlar’s Certificate granted under the [1871 c. 96.] Pedlars Act 1871;

b

anything done in a market or fair the right to hold which was acquired by virtue of a grant (including a presumed grant) or acquired or established by virtue of any enactment or order;

c

trading in a trunk road picnic area provided by the Secretary of State under section 112 of the [1980 c. 66.] Highways Act 1980;

d

trading as a news-vendor provided that the only articles sold or exposed or offered for sale are newspapers or periodicals and they are sold or exposed or offered for sale without a receptacle for them or, if with a receptacle for them such receptacle does not—

i

exceed 1 metre in length or width or 2 metres in height; or

ii

occupy a ground area exceeding 0.25 square metre; or

iii

stand on the carriageway of a street; or

iv

cause undue interference or inconvenience to persons using the street;

e

selling articles or things to occupiers of premises adjoining any street, or offering or exposing them for sale from a vehicle which is used only for the regular delivery of milk or other perishable goods to those persons;

f

the use for trading under Part VIIA of the [1980 c. 66.] Highways Act 1980 of any object or structure placed on, in or over a highway;

g

the operation of facilities for recreation or refreshment under Part VIIA of the Highways Act 1980;

h

the doing of anything authorised by regulations made under section 5 of the [1916 c. 31.] Police, Factories, &c. (Miscellaneous Provisions) Act 1916;

i

trading in a highway in relation to which a control order under section 7 of the [1976 c. 57.] Local Government (Miscellaneous Provisions) Act 1976 is in force, other than trading to which the control order does not apply; and

j

the sale, exposure or offer for sale of articles or offer or provision of services on any land comprised in a street (not being part of a highway) within the meaning of subsection (1) above by the owner or occupier of the land or by a bona fide employee of the owner or occupier of the land.