PART 3Licensing

CHAPTER 2Street Trading

City of Westminster Act 1999

50Interpretation of Act of 1999

(1)

Section 2 (interpretation) of the Act of 1999 is renumbered as subsection (1) and amended as follows.

(2)

In paragraph (b) of the definition of “street”, for “have access without payment” there is substituted“obtain access without payment—

(i)

whether or not they need the consent of the owner or occupier; and

(ii)

if they do, whether or not they have obtained it;”.

(3)

In the definition of “street trading”—

(a)

before “section 3” the words “subsection (2) below and” are inserted;

(b)

after “gain or reward”, the words “(whether or not the gain or reward accrues to the person actually carrying out the trading)” are inserted.

(4)

After subsection (1) as renumbered by subsection (1) above, the following subsection is inserted—

“(2)

In determining whether activity amounts to street trading for the purposes of this Act, the fact—

(a)

that a transaction was completed elsewhere than in a street in the case where the initial offer or display of the articles in question or the offer of services, as the case may be, took place in a street;

(b)

that either party to the transaction was not in a street at the time it was completed;

(c)

that the articles actually sold or services actually supplied, as the case may be, were different from those offered,

shall be disregarded.”.