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 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.