Statutes of Northern Ireland

2001 Chapter 8

An Act to make provision for the regulation by district councils of street trading in their districts.

[5th April 2001]

BE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows:
 

(a) selling any article or thing, or

(b) supplying a service,

(a) any reference to selling an article or thing includes a reference to offering or exposing an article or thing for sale; and

(b) any reference to supplying a service is a reference to supplying a service for gain or reward and includes a reference to offering to supply a service.

(a) trading by-

(i) selling articles or things, or

(ii) supplying a service,

to the occupiers of premises adjoining any street, if the trading is carried out by means only of visiting those premises, whether by appointment or otherwise;

(b) selling articles or things from a vehicle which is used only for the regular delivery of such articles or things to the occupiers of premises adjoining any street;

(c) 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 any statutory provision;

(d) doing anything-

(i) authorised by regulations made under section 5 of the Police, Factories, &c (Miscellaneous Provisions) Act 1916 (c. 31), or

(ii) authorised by a licence granted under the House to House Charitable Collections Act (Northern Ireland) 1952 (c. 6) or exempted by an order made under section 3 of that Act;

(e) trading by a person acting as a pedlar under the authority of a pedlar's certificate granted under the Pedlars Act 1871 (c. 96), if the trading is carried out only by means of visits from house to house.

(a) at or adjoining premises used as a petrol filling station; or

(b) at or adjoining premises used as a shop,

(i) it forms part of the business of the owner or the occupier of the premises, and

(ii) takes place during the period when the premises are open to the public for business.

(a) the only articles sold are newspapers or periodicals, and

(b) they are sold without a receptacle or from a receptacle which is carried by the vendor.

(a) vary (whether by addition, omission or alteration) the activities which are not street trading for the purposes of this Act, and

(b) amend subsections (1) to (3), as they have effect for the time being, in such manner as appears necessary or expedient in consequence of such variation.

(a) a resolution passed under subsection (1) is referred to as a "designating resolution"; and

(b) a street designated by such a resolution is referred to as a "designated street".

(a) only specified articles, things or services, or classes of specified articles, things or services may be sold or supplied from street trading pitches in that street, or

(b) the sale or supply from street trading pitches of specified articles, things or services or classes of specified articles, things or services, is prohibited in that street.

(a) publish notice of its intention to do so in 2 or more newspapers circulating in its district;

(b) consult-

(i) the sub-divisional commander of the police sub-division in which the street is situated, and

(ii) the Department for Regional Development as regards that department's functions with respect to roads and the regulation of road traffic.

(a) shall contain a draft of the proposed resolution; and

(b) shall state that representations relating to it may be made in writing to the council within such period, being not less than 28 days from the date of first publication of the notice, as may be specified in the notice.

(a) has passed a designating resolution, or a resolution to rescind or vary a designating resolution, or

(b) has determined not to pass such a resolution,

(a) shall be made under this section in writing, and in such form and at such time as the council to which the application is made may specify; and

(b) shall, if the council so requires, be accompanied by any fee (or such part as the council may determine of any fee) payable under section 15(1).

(a) the full name, address and date of birth of the applicant;

(b) whether the applicant wishes to trade as a stationary trader or as a mobile trader, and-

(i) where the applicant wishes to trade as a stationary trader, the street in which he wishes to trade and the location at which he wishes to have his street trading pitch; or

(ii) where the applicant wishes to trade as a mobile trader, the area or areas of the district in which he wishes to trade;

(c) the days on which and the times between which the applicant wishes to trade;

(d) the description of articles, things or services in which the applicant wishes to trade and the description of any receptacle he wishes to use in connection with his trading;

(e) the arrangements the applicant has made, or proposes to make, for storing such articles, things or receptacles.

(a) it is required to refuse the application under section 8; or

(b) it considers that it ought to refuse the application on any of the grounds set out in section 9.

(a) requiring-

(i) a licence holder who is a stationary trader to trade only on the street trading pitch allocated to him by the council;

(ii) a licence holder who is a mobile trader to trade only in the area or areas within the district specified by the council;

(b) identifying the class or classes of articles, things or services which the licence holder may sell or supply under the authority of the licence;

(c) identifying the day or days on which, and the time during which, the licence holder may sell or supply articles, things or services;

(d) identifying the nature, size and type of any receptacle which may be used by the licence holder in connection with any sale or supply of articles, things or services and the number of any such receptacles which may be so used;

(e) requiring that any receptacle so used shall display in a prominent position the name of the licence holder and the number of his licence;

(f) regulating the storage of articles, things or receptacles;

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

(h) requiring that the licence holder shall avail himself to a reasonable extent of his right to trade under the licence;

(i) regulating the arrangements for payment to the council of fees and other charges imposed under section 15.

(a) is not an individual; or

(b) has not reached the upper limit of compulsory school age, within the meaning of Article 46 of the Education and Libraries (Northern Ireland) Order 1986 (NI 3).

(a) in a street which is not a designated street; or

(b) in any article, thing or service the sale or supply of which would be contrary to the terms of any designating resolution having effect in relation to the designated street in which the applicant wishes to trade.

(a) that-

(i) the location at which the applicant wishes to trade as a stationary trader is unsuitable;

(ii) the space in the designated street in which the applicant wishes to trade as a stationary trader is inadequate for the applicant to do so without causing undue interference or inconvenience to persons or vehicles using the street;

(iii) the area or areas of the district in which the applicant wishes to trade as a mobile trader are unsuitable for the applicant to do so without causing undue interference or inconvenience to persons or vehicles in the area or areas;

(iv) there are sufficient traders trading in the street, or at premises adjoining it, in the articles, things or services in which the applicant wishes to trade; or

(v) the nature of the articles, things or services in which the applicant wishes to trade is such that their sale or supply, or their preparation for sale or supply, would adversely affect the general amenity of the area in which the applicant wishes to trade;

(b) that the applicant has, in connection with the application, made a statement which he knows to be false in a material particular;

(c) that the applicant is, on account of misconduct or some other reason relating to trading activities, unsuitable to hold a street trading licence;

(d) that the applicant has, without reasonable excuse, failed to avail himself to a reasonable extent of a previous street trading licence;

(e) that the applicant has at any time been granted a street trading licence by the council, which was revoked or could have been revoked on the grounds that he had refused or neglected to pay fees or other charges due to the council in respect of the licence;

(f) that the applicant has failed to provide the particulars required by the council to deal with the application;

(g) that the applicant has failed to provide or identify suitable or adequate arrangements for storing any articles, things or receptacles in or with which he proposes to trade.

(a) to trade on fewer days or during a shorter period in each day than is specified in the application; or

(b) to trade in a different designated street or in a different area from that specified in the application.

(a) owing to circumstances which have arisen since the grant or renewal of the licence-

(i) the location of the street trading pitch on which the licence holder trades as a stationary trader has become unsuitable, or

(ii) the space in the designated street in which the licence holder trades as a stationary trader has become inadequate for him to engage in the trading permitted by the licence without causing undue interference or inconvenience to persons or vehicles using the street; or

(iii) the area or areas of the district in which the licence holder trades as a mobile trader have become unsuitable for the licence holder to do so without causing undue interference or inconvenience to persons or vehicles in the area or areas;

(b) a designating resolution has been rescinded or varied with respect to the street in which the licence holder trades as a stationary trader;

(c) the licence holder has, without reasonable excuse, failed to avail himself to a reasonable extent of his licence;

(d) the licence holder has, in connection with an application under section 5 with respect to the licence, made a statement which he knows to be false in a material particular;

(e) the licence holder is, on account of misconduct or some other reason relating to trading activities that has come to the attention of the council since the grant or renewal of the licence, unsuitable to hold the licence;

(f) the licence holder has, without reasonable explanation, failed to pay any fees or charges due to the council under section 15;

(g) the licence holder has persistently failed to remove to a place of storage the receptacles used by him for trading; or

(h) the licence holder has persistently failed to comply with any condition of his licence.

(a) it has notified the licence holder in writing of the conduct on his part that it considers to constitute a failure of a kind mentioned in either of those paragraphs; and

(b) the licence holder has thereafter continued or repeated that conduct.

(a) reducing the number of days in any week or the period in any one day during which the licence holder is permitted to trade; or

(b) specifying-

(i) in relation to a licence holder who trades as a stationary trader, a different street trading pitch in the designated street in which he trades, or a street trading pitch in another designated street, or

(ii) in relation to a licence holder who trades as a mobile trader, a different area or different areas

in which the licence holder may sell articles or things, or supply a service; or

(c) restricting the description of articles, things or services in which the licence holder is permitted to trade.

(a) an application is made under section 5 by the licence holder; or

(b) the variation is for the purposes of section 10(3).

(a) to refuse, other than on any of the grounds specified in section 8, an application for a street trading licence;

(b) to grant an application for a street trading licence subject to any condition of a kind mentioned in subsection (2) of section 9;

(c) to revoke a street trading licence under section 10;

(d) to vary under subsection (1)(b) or (2) of section 11 the conditions specified in a street trading licence; or

(e) to refuse to vary under subsection (1)(a) of that section the conditions specified in a street trading licence;

(a) the grounds on which the proposed refusal, grant, revocation or variation would be based; and

(b) that representations relating to the proposal may be made in writing to the council within such period, being not less than 21 days from the date of the notice, as may be specified in the notice.

(a) shall not proceed to decide any of the matters referred to in subsection (1) until after the expiry of the period specified in the notice given under subsection (2); and

(b) shall, in deciding any of those matters, consider any representations made by an applicant or licence holder.

(a) the grounds for that decision; and

(b) his right to appeal against that decision.

(a) with respect to any condition specified in a street trading licence;

(b) to refuse, other than on any of the grounds specified in section 8, an application for a street trading licence;

(c) to grant an application for a street trading licence subject to any condition of a kind mentioned in subsection (2) of section 9;

(d) to revoke a street trading licence under section 10;

(e) to vary under subsection (1)(b) or (2) of section 11 the conditions specified in a street trading licence; or

(f) to refuse to vary under subsection (1)(a) of that section the conditions specified in a street trading licence;

(a) until the time for bringing an appeal under this section has expired;

(b) where an appeal is duly brought, until the determination or abandonment of the appeal;

(c) where an appeal relating to the refusal of an application for such a renewal is successful, until the licence is renewed by the council.

(a) shall be made-

(i) in writing to the council for the district in which the applicant wishes to trade, and

(ii) in such form and at such time as the council may specify;

(b) shall contain such particulars relevant to street trading as the council may reasonably require;

(c) shall, if the council so requires, be accompanied by 2 photographs of the applicant which are acceptable to the council; and

(d) shall be accompanied by such fee as the council may require under section 15.

(a) to trade at such places and in such manner as appears appropriate to the council; and

(b) to sell such articles or things or to supply such services as the council may specify in the licence.

(a) shall be in such form as appears to the council to be appropriate;

(b) shall remain in force for such period, not exceeding 7 days, as is specified in the licence; and

(c) shall be subject to such conditions as the council may specify in the licence.

(a) that the holder of a temporary licence has failed to comply with any condition specified in the licence, and

(b) that, having considered any representations made to it by the holder of the temporary licence, it is appropriate in the circumstances to do so,

(a) for the grant or renewal of a street trading licence;

(b) for the grant of a temporary licence; or

(c) for varying under section 11(1)(a) the conditions specified in a street trading licence,

(a) the collection, removal and disposal of refuse or other services rendered by the council to such licence holders;

(b) the cleansing of streets in which street trading takes place in so far as that cleansing is attributable to such trading;

(c) any reasonable administrative or other costs not otherwise recovered under this Act in connection with the services mentioned in paragraphs (a) and (b).

(a) give notice of the proposed fees or charges to licence holders affected by the proposal; and

(b) publish notice of the proposed fees or charges in 2 or more newspapers circulating in the district of the council.

(a) that a statement has been prepared showing how the proposed fees or charges have been calculated; and

(b) the location at which the statement is available for inspection.

(a) give notice of the decision to licence holders affected by the decision; and

(b) publish notice of the decision in 2 or more newspapers circulating in the district of the council.

(a) the period for which the licence had been in force at the date of its revocation, and

(b) any costs necessarily incurred by the council in deciding the application to grant or renew the licence.

(a) shall, at all times while engaged in street trading, carry with him his street trading licence or temporary licence; and

(b) shall, on demand by an authorised officer or a constable, produce the licence for examination.

(a) engages in street trading in a district and is not the holder of a street trading licence or a temporary licence granted by the council for the district;

(b) is the holder of a street trading licence and contravenes a condition of a kind specified in paragraph (a) or (c) of section 7(1); or

(c) is the holder of a temporary licence and engages in street trading on a day or in a place not specified in that temporary licence;

(a) any article or thing being offered or exposed for sale by that person;

(b) any other article or thing of a similar nature to that being offered or exposed for sale which is in the possession or under the control of that person; and

(c) any receptacle or equipment being used by that person;

(a) may give to the authorised officer or constable a certificate in writing, describing the article or thing produced and containing such other particulars concerning the article or thing as the authorised officer or constable brings to his attention; and

(b) may order that the article or thing be dealt with (whether by disposing of it or otherwise) in such manner as appears appropriate to him.

(a) before the expiration of the period of 28 days from the date of the seizure of an article, thing, receptacle or equipment under subsection (1), no complaint has been made to institute proceedings against the person from whom it was seized; or

(b) such a complaint has been made within that period, but the proceedings are discontinued;

(a) where an article or thing has been disposed of in pursuance of an order under subsection (3)(b); or

(b) where it has not proved possible to identify the person from whom an article, thing, receptacle or equipment was seized, and ascertain his address.

(a) a court convicts a person of an offence under section 17, and

(b) an application is made to the court for the forfeiture under this section of any article, thing, receptacle or equipment seized under section 18.

(a) claiming to be the owner of, or otherwise legally interested in, the article, thing, receptacle or equipment, and

(b) applying to the court in that behalf,

(a) not less than 6 months have passed since the date of the seizure and no complaint has been made to institute proceedings against any person; or

(b) proceedings have been brought and-

(i) either the person charged has been acquitted (whether or not on appeal) and the time for appealing against or challenging the acquittal (where applicable) has expired without an appeal or challenge being brought; or

(ii) proceedings (including any appeal) have been withdrawn by, or failed for want of prosecution by, the person by whom the original proceedings were brought;

the person who is, or at the time of the seizure was, the owner of or otherwise legally interested in the article, thing, receptacle or equipment seized, may recover in any court of competent jurisdiction, compensation in respect of any loss suffered by him as a result of the seizure.

(a) any article or thing seized under section 18 has been dealt with in accordance with an order under subsection (3)(b) of that section; and

(b) proceedings have been brought, and-

(i) the person charged has been convicted, but the court has refused to make a forfeiture order under section 19, and

(ii) the time for appealing against or challenging that refusal has expired without an appeal or challenge being brought,

the person who is, or at the time of the seizure was, the owner of or otherwise legally interested in the article or thing seized, may recover in any court of competent jurisdiction, compensation in respect of the loss of, or any deterioration in the condition of , the article or thing seized.

(a) the council, if the seizure was carried out by an authorised officer;

(b) the Chief Constable, if the seizure was carried out by a constable.

(a) without reasonable excuse contravenes any condition of a street trading licence, which is a condition of a kind specified in paragraph (b), (d), (e), (f) or (g) of section 7(1);

(b) fails on demand and without reasonable excuse to produce his street trading licence or temporary licence to an authorised officer or a constable;

(c) fails, on being required to do so under section 16(2), to state his name and address or states a name or an address that is incorrect;

(d) in connection with an application for the grant, renewal or variation of a street trading licence or the grant of a temporary licence makes a statemen t which he knows to be false in a material particular;

(e) resists or intentionally obstructs an authorised officer in the execution of his duties under this Act,

(a) a receptacle has been removed by a council under subsection (1), and

(b) the licence holder has not recovered it within 3 months from the date of its removal,

"authorised officer" means a person authorised by a council for the purposes of this Act;

"conditions", in relation to a street trading licence, means conditions specified under section 7;

"council" means a district council;

"the Department" means the Department for Social Development;

"designated street" has the meaning given in section 3(2);

"designating resolution" has the meaning given in section 3(2);

"district" has the meaning given in section 148(1) of the Local Government Act (Northern Ireland) 1972 (c. 9);

"mobile trader" means a person authorised by a street trading licence to trade from a vehicle which goes from place to place, stopping for a time for the purpose of trading;

"receptacle" includes-

(a) a vehicle, trailer or stall;

(b) any basket, bag, box, vessel, stand, easel, board or tray; and

(c) anything which is used (whether or not constructed or adapted for such use) as a container for, or for the display of-

(i) any article or thing, or

(ii) any equipment used in the supply of a service;

"sell" shall be construed in accordance with section 1(3);

"stationary trader" means a person authorised by a street trading licence to trade from a street trading pitch;

"statutory provision" has the meaning given in section 1(f) of the Interpretation Act (Northern Ireland) 1954 (c. 33);

"street trading" has the meaning given in section 1(2);

"street trading licence" means a licence granted under this Act, but excludes a temporary licence;

"street trading pitch" means the location at which a stationary trader is authorised by a street trading licence to engage in street trading;

"supply" shall be construed in accordance with section 1(3);

"temporary licence" means a licence granted under section 14;

"thing" includes a living thing.

(a) any road or footpath within the meaning of Article 2(2) of the Road Traffic (Northern Ireland) Order 1995 (NI 18);

(b) any public place within the meaning of subsection (4); and

(c) any part of a street.

(a) to which the public has access without payment, but

(b) which is not within enclosed premises or the curtilage of a dwelling.

(a) shall on and after that day be deemed to be a street trading licence granted by the council for the district in which the holder of the existing licence is authorised to trade, and

(b) shall remain in force, unless revoked, until 31st December next following that day.

"fixed penalty" shall be construed in accordance with paragraph 4;

"fixed penalty notice" means a notice offering an opportunity to discharge any liability to conviction of the offence to which the notice relates by payment of a fixed penalty in accordance with this Schedule;

"fixed penalty offence" means an offence under paragraph (a) or (b) of section 21;

"prescribe" means prescribe by regulations subject to negative resolution.

(a) shall be in such form as the Department may prescribe; and

(b) shall give such particulars of the circumstances alleged to constitute the offence as are necessary for providing reasonable information of the offence.

(a) the period during which, by virtue of sub-paragraph (3), proceedings will not be taken for the offence;

(b) the amount of the fixed penalty; and

(c) the person to whom and the address at which the fixed penalty may be paid.

(a) the duties under this Schedule of persons or offices specified by an order made under sub-paragraph (1); and

(b) the information to be supplied to clerks of petty sessions and to such other persons or offices.

(a) £50, or

(b) if greater, a sum equal to the amount which is for the time being 5% of level 3 on the standard scale.