SCHEDULES

C1C2C3SCHEDULE 4 Street Trading

Annotations:
Modifications etc. (not altering text)
C1

Sch. 4: functions of local authority not to be the responsiblity of an authority's executive (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

Sch. 4 applied (with modifications) (21.12.2000) by City of Newcastle uponTyne Act 2000 (c. viii), ss. 3, 4

C2

Sch. 4 applied (with modifications) (28.10.2004) by Medway Council Act 2004 (c. v), s. 4

C3

Sch. 4 applied (with modifications) (11.7.2006) by Leicester City Council Act 2006 (c. ii), ss. 3, 4

Sch. 4 applied (with modifications) (11.7.2006) by Liverpool City Council Act 2006 (c. iii), ss. 3, 4

Sch. 4 applied (with modifications) (11.7.2006) by Maidstone Borough Council Act 2006 (c. iv), ss. 3, 4

Offences

10

1

A person who—

a

engages in street trading in a prohibited street; or

b

engages in street trading in a licence street or a consent street without being authorised to do so under this Schedule; or

c

contravenes any of the principal terms of a street trading licence; or

d

being authorised by a street trading consent to trade in a consent street, trades in that street—

i

from a stationary van, cart, barrow or other vehicle; or

ii

from a portable stall,

without first having been granted permission to do so under paragraph 7(8) above; or

e

contravenes a condition imposed under paragraph 7(9) above, shall be guilty of an offence.

2

It shall be a defence for a person charged with an offence under sub-paragraph (1) above to prove that he took all reasonable precautions and exercised all due diligence to avoid commission of the offence.

3

Any person who, in connection with an application for a street trading licence or for a street trading consent, makes a false statement which he knows to be false in any material respect, or which he does not believe to be true, shall be guilty of an offence.

4

A person guilty of an offence under this paragraph shall be liable on summary conviction to a fine not exceeding F1level 3 on the standard scale.