Conditions of street trading licences
27(1)A licence granted under section 25 (Application for street trading licences) of this Act, shall—
(a)unless it is revoked or surrendered, be valid for a period of three years from the date on which it is granted, or for such shorter period as the borough council may determine;
(b)specify the conditions; and
(c)in the case of an individual incorporate one of the photographs of the licence holder submitted under subsection (3) of the said section 25;
and on any occasion of the renewal of a licence, or at 1st January in any year during the currency thereof, (whether on application by the licence holder or otherwise) or at any time on application by the licence holder, the borough council may vary the conditions.
(2)Where a licence is granted to a company incorporated under the Companies Acts or to a partnership to carry on ice cream trading, any individual carrying on ice cream trading in accordance with that licence shall at all times while he is so trading carry with him a recent photograph of him authenticated by the company or on behalf of the partnership, as the case may be, which holds the licence.
(3)The borough council may make regulations prescribing standard conditions which they may attach to the licence on the occasion of its grant or renewal.
(4)Before making regulations under subsection (3) above, the borough council shall—
(a)publish notice of their intention to do so in a local newspaper circulating in their area, and such notice shall—
(i)contain a draft of the resolution to which it relates; and
(ii)state that representations relating to it may be made in writing to the borough council within such period, not less than 28 days after the publication of the notice, as may be specified in the notice; and
(b)consult the licence holders or a body or bodies representative of them.
(5)As soon as practicable after the expiry of the period specified under subsection (4) above, the borough council shall consider any representations relating to the proposed regulations which they have received before the expiry of that period.
(6)After the borough council have considered those representations they may if they think fit make regulations as mentioned in subsection (3) above and shall notify the licence holders or a body or bodies representative of them of the making of such regulations.
(7)Without prejudice to the generality of subsection (3) above the standard conditions shall include such conditions as may be reasonable—
(a)identifying the street or streets in which and the position or place in any such street at which the licence holder may sell or expose or offer for sale articles or things, or offer or provide services under the authority of the licence;
(b)identifying the class or classes of articles, things or services which the licence holder may so sell or expose or offer for sale or provide;
(c)identifying the day or days on which and the time during which the licence holder may sell or expose or offer for sale articles, things or services as aforesaid;
(d)identifying the nature and type of any receptacle which may be used by the licence holder or in connection with any sale or exposure or offer for sale or provision of services and the number of any such receptacles which may be so used;
(e)requiring that any receptacle so used shall carry the name of the licence holder and the number of his licence;
(f)regulating the storage of receptacles or perishable goods;
(g)regulating the deposit and removal of refuse and the containers to be used for the deposit of such refuse and their location pending its removal;
(h)requiring that the licence holder shall commence trading or exercising his rights under the licence by a certain time on any day or forfeit his right to trade or exercise his rights under the licence on that day from the fixed position to which his licence refers.
(8)Without prejudice to the standard conditions, the borough council may in addition attach to a licence such further conditions as appear to them to be reasonable in any individual case.
(9)When granting a licence a borough council shall give to the licence holder a copy of the licence which, in the case of an individual, shall bear his photograph.