City of London (Various Powers) Act 2013

Document Number:2013 CHAPTER vii
 
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An Act to amend the provision for the control of street trading in the City of London; to make provision relating to City walkways; and for related purposes.

WHEREAS—

It is expedient to amend the provisions of the City of London (Various Powers) Act 1987 governing street trading to enable the Corporation to facilitate events involving street trading by issuing temporary licences; to license trading by occupiers in the street outside their business premises; to enforce the regulation of street trading in the City; and to amend the process for fixing the charges made to street traders:

It is expedient to amend the provisions of the City of London (Various Powers) Act 1967 relating to city walkways to enable the City to recover certain costs and to improve parking enforcement:

It is expedient that the other provisions contained in this Act should be enacted:

The purposes of this Act cannot be obtained without the authority of Parliament:

May it therefore please Your Majesty that it may be enacted, and be it enacted, by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1 Citation

This Act may be cited as the City of London (Various Powers) Act 2013.

2 Interpretation

In this Act, “the 1987 Act” means the City of London (Various Powers) Act 1987.

Street Trading

3 Temporary street trading

(1) The 1987 Act is amended as follows.

(2) In section 6 (interpretation of Part 3)—

(a) in the definition of “licensed street trader”—

(i) after “person” insert “(including a temporary licence holder)”; and

(ii) after “by a” insert “street trading”;

(b) in the definition of “receptacle”, after “vehicle” insert “, trailer”;

(c) in the definition of “street trading licence”, at end insert “, and includes a temporary licence”; and

(d) at the appropriate places, insert the following definitions—

““ice cream trading” means the selling, exposing or offering for sale of items consisting wholly or mainly of ice cream, frozen confectionery or other similar commodities;

“temporary licence” means a licence granted under section 11 A;

“temporary licence holder” means the holder of a temporary licence and includes any person who, by virtue of an agreement of the sort described in section 11 A(5) is entitled to exercise any rights conferred by a temporary licence;”.

(3) In section 10 (fees for street trading licences) , at end insert—

“(3) In this section “street trading licence” does not include a temporary licence.”.

(4) After section 11 insert—

“11 ATemporary Licences

(1) A temporary licence is a licence granted under this section which permits the temporary licence holder to carry on street trading—

(a) in the licence area specified in the licence;

(b) for the period (not exceeding 21 days) specified in the licence; and

(c) in accordance with—

(i) the terms and conditions of the licence;

(ii) subject to such terms and conditions, the information provided in connection with the application for the licence; and

(iii) the provisions of any agreement of the sort described in subsection (5) , approved by the Corporation and specified in the temporary licence.

(2) The Corporation may on receipt of an application for a temporary licence grant the applicant a temporary licence subject to such conditions (including conditions as to charges and the recovery ofexpenses) as the Corporation may determine.

(3) An application for a temporary licence shall—

(a) be made in writing to the Corporation in the form and manner prescribed by the Corporation;

(b) be accompanied by the application fee chargeable under subsection (6); and

(c) provide such details as the Corporation shall from time to time determine including, but not restricted to, the information described in subsection (4).

(4) The information referred to in subsection (3) is—

(a) such information about the applicant as the Corporation may require;

(b) particulars of the articles or things in which the applicant desires to trade;

(c) a description of the area the applicant wishes to be specified in the temporary licence as the licence area, to be shown by reference to a plan;

(d) particulars of the period (not exceeding 21 days) for which the applicant desires the temporary licence to have effect;

(e) particulars of the days on which and the times between which the applicant desires to trade; and

(f) full particulars of any proposed agreement of the sort described in subsection (5).

(5) Subsection (4)(f) refers to any proposed agreement between an applicant and any person that provides for such person to become a temporary licence holder by virtue of the temporary licence to which the application relates.

(6) The Corporation may charge such fees for applications for and grant of temporary licences as it may determine and as may be sufficient in aggregate to cover the reasonable administrative or other costs it incurs in connection with applications under this section.

(7) In this section “licence area” means the area, not being an area in the part of Middlesex Street described in section 7 (street trading in Middlesex Street market) , which is specified in a temporary licence as the area within which street trading is permitted.”.

4 Unauthorised street trading: amendment of enactments

In the City of London (Various Powers) Act 1965 , in subsection (1) of section 13 (which prohibits unauthorised street trading) , after “1987” insert “or in accordance with a temporary licence granted under section 11 A of that Act”.

5 Temporary licences: offences

(1) Section 16 of the 1987 Act (which provides for offences and penalties in respect of unauthorised street trading) is amended as follows.

(2) In subsection (1) , after “prescription of the licence” insert “or any provision of a temporary licence”.

(3) After subsection (2) insert—

“(2 A) Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of the offence and liable to the same maximum penalty as the body corporate.”.

6 Increased penalties for unlicensed street trading

In section 16(3) of the 1987 Act for “level 2” substitute “level 3”.

7 Enforcement

(1) At the appropriate place in section 6 of the 1987 Act insert—

““authorised officer”, in relation to...

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