SCHEDULES

SCHEDULE 4 E+W Street Trading

Modifications etc. (not altering text)

C1 Sch. 4: functions of local authority not to be the responsiblity of an authority's executive (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

Sch. 4 applied (with modifications) (21.12.2000) by City of Newcastle uponTyne Act 2000 (c. viii), ss. 3, 4

C2 Sch. 4 applied (with modifications) (28.10.2004) by Medway Council Act 2004 (c. v), s. 4

C3 Sch. 4 applied (with modifications) (11.7.2006) by Leicester City Council Act 2006 (c. ii), ss. 3, 4

Sch. 4 applied (with modifications) (11.7.2006) by Liverpool City Council Act 2006 (c. iii), ss. 3, 4

Sch. 4 applied (with modifications) (11.7.2006) by Maidstone Borough Council Act 2006 (c. iv), ss. 3, 4

C4 Sch. 4 modified (28.12.2009) by The Provision of Services Regulations 2009 (S.I. 2009/2999), regs. 1(2), 45(2)(3) (with regs. 2, 5)

C5 Sch. 4 applied (with modifications) (8.4.2010) by Bournemouth Borough Council Act 2010 (c. ii), s. 4

C6 Sch. 4 applied (with modifications) (8.4.2010) by Manchester City Council Act 2010 (c. iii), ss. 4, 5

C7 Sch. 4 applied (with modifications) (28.2.2013) by Canterbury City Council Act 2013 (c. i), s. 4 (with s. 3)

C8 Sch. 4 applied (with modifications) (28.2.2013) by Leeds City Council Act 2013 (c. ii), s. 4 (with s. 3)

C9 Sch. 4 applied (with modifications) (28.2.2013) by Nottingham City Council Act 2013 (c. iii), ss. 4, 5

C10 Sch. 4 applied (with modifications) (28.2.2013) by Reading Borough Council Act 2013 (c. iv), ss. 4, 5

C11 Sch. 4 restricted (temp.) (22.7.2020) by Business and Planning Act 2020 (c. 16), ss. 7(3)(a), 25(1) (with ss. 7(4), 10)

Offences E+W

10 (1) A person who— E+W

(a) engages in street trading in a prohibited street; or

(b) engages in street trading in a licence street or a consent street without being authorised to do so under this Schedule; or

(c) contravenes any of the principal terms of a street trading licence; or

(d) being authorised by a street trading consent to trade in a consent street, trades in that street—

(i) from a stationary van, cart, barrow or other vehicle; or

(ii) from a portable stall,

without first having been granted permission to do so under paragraph 7(8) above; or

(e) contravenes a condition imposed under paragraph 7(9) above, shall be guilty of an offence.

(2) It shall be a defence for a person charged with an offence under sub-paragraph (1) above to prove that he took all reasonable precautions and exercised all due diligence to avoid commission of the offence.

(3) Any person who, in connection with an application for a street trading licence or for a street trading consent, makes a false statement which he knows to be false in any material respect, or which he does not believe to be true, shall be guilty of an offence.

(4) A person guilty of an offence under this paragraph shall be liable on summary conviction to a fine not exceeding [F1 level 3 on the standard scale].

Textual Amendments

F1 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46