City of Westminster Act 1999

12 Mandatory grounds of refusal U.K.

(1) The council shall refuse to grant an application made under section 11 (Applications) of this Act—

(a) where the applicant is not an individual;

(b) where the applicant is under the age of 17 years;

(c) where the applicant holds a street trading licence in any other licence street granted under this Act, or a street trading licence in the area of another local authority granted under the [1990 c. vii.] London Local Authorities Act 1990 which, in either case, enables him to carry on street trading during the period stated in his application;

(d) where the council are satisfied that there is not enough space in the street for the applicant to engage in the trading in which he desires to trade without causing a safety hazard or undue interference or inconvenience to persons or vehicular traffic using the street;

(e) where the street to which the application relates is a street in respect of which a specifying resolution is in force and the grant of the licence would be contrary to any of the terms of that resolution;

(f) to trade in a street which is not a licence street.

[F1 (g) where the application, 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, unless the applicant has provided sufficient such evidence as is mentioned in subsection (2A) above to satisfy the council.]

(2) Subsection (1)(a) above shall not apply where the application is to carry on ice cream trading.

Textual Amendments

F1 S. 12(1)(g) inserted (19.9.2007) by London Local Authorities Act 2007 (c. ii), ss. 1(3), 52(2)

Commencement Information

I1 S. 12 in force at 25.5.1999, see s. 1(2)