41Temporary licences
(1)Section 31 (temporary licences) of the Act of 1990 is amended as follows.
(2)After subsection (1), the following subsections are inserted—
“(1A)A council may grant a temporary licence in any street, whether or not it is a licensed street.
(1B)In the case of an application for a temporary licence which, if granted, would authorise street trading on land which falls within paragraph (b) in the definition of “street” in subsection (1) of section 21 (interpretation of Part III) of this Act, the applicant shall provide evidence in writing—
(a)that he has the consent to trade on the land from the owner of the land in question; or
(b)that he is the owner of the land in question.
(1C)An application for a temporary licence shall not be granted, if the licence would authorise street trading on land which falls within the said paragraph (b), unless the applicant has provided sufficient evidence, as is mentioned in subsection (2A) of section 25 (application for street trading licence) of this Act, to satisfy the council.
(1D)In the case of a temporary licence which authorises street trading on land which falls within the said paragraph (b), the licence shall lapse if—
(a)the permission to trade on the land is discontinued, and the council is provided with written notice of the discontinuance of the permission by the person who gave the permission or by a successor in title to that person; or
(b)the holder of the licence is no longer the owner of the land in question or no longer has sufficient interest in the land to trade on the land without the permission of another person.
(1E)The council may revoke or suspend the operation of a temporary licence held in respect of land which falls within the said paragraph (b) if circumstances have arisen since the grant of the licence or are about to arise which necessitate such revocation or suspension on the grounds of safety.
(1F)Where a temporary licence is revoked or suspended under subsection (1E) above, the council shall return to the licensee such proportion of any fee paid for the granting of the licence as is appropriate, taking into account the period for which the licence was granted and the period remaining on the licence when it was revoked or the period for which the licence was suspended, as the case may be.”.