Local Government (Miscellaneous Provisions) Act 1982

Interpretation E+W

1 (1) In this Schedule— E+W

• “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—

  (a)

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

  (b)

  a service area as defined in section 329 of the M1 Highways 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 M2 Pedlars 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 M3 Highways 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 M4 Police, 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.

Marginal Citations

M1 1980 c. 66.

M2 1871 c. 96.

M3 1980 c. 66.

M4 1916 c. 31.