Section 2 Activities which are not street trading

Northern Ireland

(1)

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

(a)

trading by—

(i)

selling articles or things, or

(ii)

supplying a service,

to the occupiers of premises adjoining any street, if the trading is carried out by means only of visiting those premises, whether by appointment or otherwise;

(b)

selling articles or things from a vehicle which is used only for the regular delivery of such articles or things to the occupiers of premises adjoining any street;

(c)

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 any statutory provision;

(d)

doing anything—

(i)

authorised by regulations made under section 5 of the Police, Factories, &c (Miscellaneous Provisions) Act 1916 (c. 31), or

(ii)

authorised by a licence granted under the House to House Charitable Collections Act (Northern Ireland) 1952 (c. 6) or exempted by an order made under section 3 of that Act;

(e)

trading by a person acting as a pedlar under the authority of a pedlar's certificate granted under the Pedlars Act 1871 (c. 96), if the trading is carried out only by means of visits from house to house.

F1(f)

where a pavement café licence is in force, trading carried out in the area covered by the licence, if the trading—

(i)

takes place at a time when that area has temporary furniture on it that under the terms of the licence is permitted to be there at that time;

(ii)

is done in the course of a business which is carried on by the licence holder at the premises specified in the licence;

(iii)

relates to the supply of food or drink in or from those premises for consumption on that area; and

(iv)

does not involve a contravention of the conditions of the licence.

(2)

Trading which is carried out—

(a)

at or adjoining premises used as a petrol filling station; or

(b)

at or adjoining premises used as a shop,

is not street trading for the purposes of this Act if—

(i)

it forms part of the business of the owner or the occupier of the premises, and

(ii)

takes place during the period when the premises are open to the public for business.

(3)

Trading as a news vendor is not street trading for the purposes of this Act if—

(a)

the only articles sold are newspapers or periodicals, and

(b)

they are sold without a receptacle or from a receptacle which is carried by the vendor.

(4)

The Department may by order subject to affirmative resolution—

(a)

vary (whether by addition, omission or alteration) the activities which are not street trading for the purposes of this Act, and

(b)

amend subsections (1) to (3), as they have effect for the time being, in such manner as appears necessary or expedient in consequence of such variation.

F2(5)

Expressions used in paragraph (f) of subsection (1) and in the Licensing of Pavement Cafés Act (Northern Ireland) 2014 have the same meaning in that paragraph as in that Act.

Annotations

Textual amendments

F1: S. 2(1)(f) inserted (1.10.2016) by Licensing of Pavement Cafs Act (Northern Ireland) 2014 (c. 9), s. 32(1), Sch. para. 3(2); S.R. 2016/126, art. 2
F2: S. 2(5) inserted (1.10.2016) by Licensing of Pavement Cafs Act (Northern Ireland) 2014 (c. 9), s. 32(1), Sch. para. 3(3); S.R. 2016/126, art. 2