12Mandatory grounds of refusalU.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

Commencement Information

I1S. 12 in force at 25.5.1999, see s. 1(2)