PART 3

Licensing
CHAPTER 2

Street Trading

London Local Authorities Act 1990

Unlicensed street trading under Act of 1990
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1
Section 38 (unlicensed street trading) of the Act of 1990 is amended as follows.
2
In subsection (4)—
a
at the beginning, the words “Subject to section 38A (seizure of perishable items) of this Act”, are inserted;
b
the proviso is omitted.
3
In subsection (4C)—
a
in paragraph (a), at the beginning, the words “Subject to section 38B (motor vehicles) of this Act,” are inserted;
b
in paragraph (e), for “identify that person and” substitute “identify that person or”;
c
for paragraph (f) substitute—
f
paragraph (g) below applies where the article, thing, receptacle or equipment is not returned because—
i
it has not proved possible to identify the person from whom it was seized or ascertain his address; or
ii
the person from whom it was seized and the owner (if different) have disclaimed or refused to accept it.
g
where this paragraph applies, the council may make a complaint to the magistrates' court for a disposal order under section 38C (disposal orders) of this Act (whether or not proceedings for an offence under this section have been commenced).
.