11BTrading outside business premises

1

An occupier of business premises shall be treated as not engaging in street trading if—

a

the occupier is engaged in ice cream trading from a receptacle;

b

the receptacle is located within 15 metres of the business premises;

c

the Corporation has approved the design, location and purpose of the receptacle; and

d

the business premises are occupied for the purpose of conducting a food business.

2

Section 115E(2), (3) and (4) of the Highways Act 1980 shall apply to any approval under subsection (1)(c) as if—

a

approval under this section were permission under section 115E(1); and

b

the receptacle were an object or structure.

3

In this section—

• “business premises” means premises forming the whole or any part of a non-domestic hereditament;

• “food business” means any undertaking, whether for profit or not and whether public or private, carrying out any of the activities related to any stage of production, processing and distribution of food;

• “non-domestic hereditament” means a hereditament shown in the local non-domestic rating list maintained by the Corporation under section 41(1) of the Local Government Finance Act 1988;

• “non-domestic rate” means the rate payable under section 43 of that Act; and

• “occupier”, in relation to business premises, means the person liable to pay the non-domestic rate in respect of those business premises.