Schedule 3 (Hansard, 3 February 1982)

§ Mr. Raison
I beg to move amendment No. 83, in page 48, line 36, leave out from "trading" to end of line 46 and insert "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;".

The purpose of this amendment is twofold. First, it enables a shopkeeper to place wares which are part of his business as a shop on the street immediately adjoining the premises without finding himself subject to street trading 502 controls. Secondly, it removes from subparagraph (e) references to planning legislation which is separate from street trading and irrelevant to it.

§ Mr. Gary Waller (Brighouse and Spenborough)
I have some slight worries about the wording of this amendment. However, I welcome the fact that schedule 3 is intended to extend the power of control or prohibition of unauthorised trading to motorway service stations.
The practice of unauthorised trading on motorway service stations is growing and causes not only annoyance to motorists but also commercial damage to the operators who pay the Government a great deal of money for the privilege of selling petrol, food and other goods on them.
The unauthorised trading occurs not only at the Hartshead Moor motorway service station, but at many others throughout the country, especially in the period before Christmas. Because the itinerant traders generally disappear quickly when challenged, it is usually impossible to contemplate civil action of any sort. I have corresponded with my hon. and learned Friend the Under-Secretary of State for Transport and with my right hon. Friend the Minister of State, Home Office about this matter and I am delighted that action has been taken promptly.
I am slightly worried about the wording of the amendment, because its effect is to exempt trading "carried on at premises used as a petrol filling station." Although unauthorised trading does not generally take place in the service area where the pumps are situated, it might be argued that the whole premises are exempt from the effect of the schedule. Therefore, I hope that the schedule will, if necessary, be reconsidered before enactment to ensure that our intentions are not frustrated.

§ Mr. Campbell-Savours
I do not want to split a hair on this issue, nor do I wish to appear petty, but there is a problem. If people hired external companies to come on to motorway service stations to tow vehicles away—as often happens, because of the high cost of hiring towing vehicles from motorway services stations—would those companies be infringing the schedule, because they go on to the service station to practice their trade? If so, that will upset many people, including me.

§ Mr. Raison
I am stumped by the last point made by the hon. Member for Workington (Mr. Campbell-Savours). We will investigate the matter and write to him.
Just because there is a petrol filling station on one part of a motorway service area does not make the whole service area a petrol filling station within the meaning of amendment No. 83. The exemption for trading on premises used as a petrol filling station applies only to trading within the perimeter of the filling station. I hope that that information is of some help to my hon. Friend the Member for Brighouse and Spenborough (Mr. Waller).

§ Mr. Raison
I beg to move amendment No. 84, in page 49, line 1 leave out from 'sale' to end of line 6 and insert `as a roundsman'.

Mr. Deputy Speaker
With this, it is convenient to take amendment No. 85, in page 49, line 4, after `occupiers', insert 'or occupants'.

§ Mr. Raison
On looking again at the exemption from street trading control granted by paragraph 1(2) (f), we 503 decided that it was unnecessarily complex. The amendment merely seeks to simplify it by making clear our original intention that the exemption should extend to roundsmen.

§ Dr. Summerskill
I was waiting to hear the Minister read out the reply to my amendment, which he is desperately looking for. In view of what he has said, I shall let him off reading it, unless he has found it.

§ Mr. Raison
I am not sure how to respond to that act of extraordinary gallantry. The Government amendment makes it clear that the exemption from the street trading controls applies to roundsmen who are free to deliver goods to anyone on the premises, whether they are occupiers of occupants. Amendment No. 85 is, therefore, unnecessary.

§ Dr. Summerskill
I was just about to say that.

§ Mr. Raison
I beg to move amendment No. 86, in page 55, line 9 leave out 'that existing licence' and insert 'it'.

Mr. Deputy Speaker
With this, it will be convenient to take Government amendment No. 87.

§ Mr. Raison
Both of the amendments are purely drafting amendments.

Mr. Deputy Speaker
All the other amendments are Government amendments. With the leave of the House, I shall put them all together.