OpenLegislation

Paragraph 1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

In this Schedule—

  • “consent street” means a street in which street trading is prohibited without the consent of the district council;

  • “licence street” means a street in which street trading is prohibited without a licence granted by the district council;

  • “principal terms”, in relation to a street trading licence, has the meaning assigned to it by paragraph 4(3) below;

  • “prohibited street” means a street in which street trading is prohibited;

  • “street” includes—

    1. (a)

      any road, footway, beach or other area to which the public have access without payment; and

    2. (b)

      a service area as defined in section 329 of the M1Highways Act 1980,

and also includes any part of a street;

  • “street trading” means, subject to sub-paragraph (2) below, the selling or exposing or offering for sale of any article (including a living thing) in a street; and

  • “subsidiary terms”, in relation to a street trading licence, has the meaning assigned to it by paragraph 4(4) below.

(2)

The following are not street trading for the purposes of this Schedule—

(a)

trading by a person acting as a pedlar under the authority of a pedlar’s certificate granted under the M2Pedlars Act 1871;

(b)

anything done in a market or fair the right to hold which was acquired by virtue of a grant (including a presumed grant) or acquired or established by virtue of an enactment or order.

(c)

trading in a trunk road picnic area provided by the Secretary of State under section 112 of the M3Highways Act 1980;

(d)

trading as a news vendor;

(e)

trading which—

(i)

is carried on at premises used as a petrol filling station; or

(ii)

is carried on at premises used as a shop or in a street adjoining premises so used and as part of the business of the shop;

(f)

selling things, or offering or exposing them for sale, as a roundsman;

(g)

the use for trading under Part VIIA of the Highways Act 1980 of an object or structure placed on, in or over a highway;

(h)

the operation of facilities for recreation or refreshment under Part VIIA of the Highways Act 1980;

(j)

the doing of anything authorised by regulations made under section 5 of the M4Police, Factories, etc. (Miscellaneous Provisions) Act 1916.

(3)

The reference to trading as a news vendor in sub-paragraph (2)(d) above is a reference to trading where—

(a)

the only articles sold or exposed or offered for sale are newspapers or periodicals; and

(b)

they are sold or exposed or offered for sale without a stall or receptacle for them or with a stall or receptacle for them which does not—

(i)

exceed one metre in length or width or two metres in height;

(ii)

occupy a ground area exceeding 0·25 square metres; or

(iii)

stand on the carriageway of a street.

Annotations

Marginal citations

M1

1980 c. 66.

M2

1871 c. 96.

M3

1980 c. 66.

M4

1916 c. 31.

Notes on Schedule 4

Modifications

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)