City of Westminster Act 1999

9 Street trading licences

(1) The council may grant a street trading licence on such reasonable terms and conditions relevant to street trading as the council may specify.

(2) Without prejudice to the generality of subsection (1) above such conditions may include conditions—

(a) identifying the street trading pitch at which the licence holder may engage in street trading under the licence;

(b) identifying the articles, things or services or the classes of articles, things or services which the licence holder may sell or expose or offer for sale or provide;

(c) identifying the days and times during which the licence holder may engage in street trading;

(d) identifying the nature, type and number of any receptacle which may be used by the licence holder in connection with the sale or exposure or offer for sale of articles or things or the provision of services;

(e) requiring that any receptacle so used shall carry in a conspicuous position the name of the licence holder and the number of his licence in a form acceptable to the council;

(f) identifying any position in the licence street or adjoining streets where articles or things needed for re-stocking any such receptacle may be stored and the period during which they may be so stored;

(g) regulating the storage of receptacles or perishable goods;

(h) regulating the deposit and removal of refuse and the containers to be used for the deposit of refuse and their location pending its removal;

(i) requiring that the licence holder shall commence trading by a certain time on any day or forfeit his right to trade under his street trading licence for that day; and

(j) requiring third party insurance cover.

(3) Such conditions may also include conditions relating to the prevention of nuisance and may include specific restrictions relating to the hours between 10 p.m. on Sunday to Friday and 7 a.m. the day following and 10 p.m. on Saturday and 9 a.m. on Sunday.

(4) A street trading licence shall remain in force until it is cancelled or revoked by the council.

(5) A licence granted to an individual shall bear his photograph. The photograph, subject to subsection (7) below, shall be one of the photographs provided pursuant to subsection (3) of section 11 (Applications) of this Act.

(6) Where a licence is granted to an individual the council may give him notice in writing, at intervals of not less than five years, requiring him to provide the council with three new photographs of the type prescribed by subsection (3) of section 11 (Applications) of this Act, signed as there provided, but the council may, at their discretion, accept a lesser number of photographs.

(7) On each occasion when new photographs are provided by a licence holder pursuant to subsection (6) above the council shall re-issue his licence and the re-issued licence shall bear one of the new photographs.

(8) Where a licence is granted to a company incorporated under the Companies Acts, to an unincorporated association or to a partnership to carry on ice cream trading, any individual carrying on ice cream trading in accordance with that licence shall at all times while he is so trading carry with him, and produce on request by an authorised officer or a constable, a recent photograph of himself authenticated by the company or on behalf of the unincorporated association or partnership, as the case may be, which holds the licence.

(9) Where a licence is granted to an individual he shall at all times while engaged in street trading carry with him, and produce on request by an authorised officer or a constable, either the licence or an approved form of identity issued by the council for the purposes of this Act.