Part V

Licensing of buskers

Resolutions under Part V
44
1
The following provisions shall have effect in relation to any resolution under section 34 (Designation of licence streets) of this Act.
2
If a council pass a resolution, the resolution shall take effect on the day specified in the resolution (which must not be before the expiration of the period of one month beginning with the day on which the resolution is passed).
3
A council shall not pass a resolution or rescind or vary a resolution unless—
a
they have published notice of their intention to do so in a local newspaper circulating in their area;
b
they have served a copy of the notice on—
i
the highway authority (unless they are the highway authority);
ii
the Commissioner;
iii
to any body which appears to the council to be representative of persons carrying on busking in the area affected by the proposed resolution; and
iv
where the proposed resolution would designate private land, to the owner of that land or to the person assessed for the uniform business rate on it;
c
where subsection (4) below applies, they have obtained the necessary consent.
4
This subsection applies—
a
where the resolution relates to a street which is owned or maintained by a relevant undertaker; and
b
where the resolution designates as a licence street any street maintained by a highway authority;
and in subsection (3) above “necessary consent” means—
i
in the case mentioned in paragraph (a) above, the consent of the relevant undertaker; and
ii
in the case mentioned in paragraph (b) above, the consent of the highway authority.
5
The following are relevant undertakers for the purposes of this section:—
a
Railtrack PLC; and
b
the British Waterways Board.
6
The notice referred to in subsection (3) above shall—
a
contain a draft of the resolution to which it relates; and
b
state that representations or a request to hear representations relating to it may be made in writing to the council within such period, not less than 28 days after the publication of the notice, as may be specified in the notice.
7
As soon as practicable after the expiry of the period specified under subsection (6) above, the council shall consider any written representations relating to the proposed resolution which they have received before the expiry of that period or, if requested to hear oral representations, shall hear the representations at a place and time notified to the person making the request.
8
After the council have considered those representations, they may if they think fit, pass the proposed resolution with any modifications they consider appropriate as a result of any representations under this section.
9
As soon as practicable after passing a resolution under subsection (8) above the council shall by notice in writing inform all persons given notice of the proposed resolution.
10
The council shall publish notice of the passing of such a resolution in a local newspaper circulating in their area on two consecutive weeks.
11
The first publication shall not be later than 28 days before the day specified in the resolution for the coming into force of the designation.