§ 147A.—(1) Subject to subsection (4) below, no person shall, for the purpose of selling anything, or offering or exposing anything for sale, use any stall or similar structure or any container or vehicle, kept or placed on—
- (a) the verge of a trunk road or a principal road;
- (b) a lay-by on any such road; or
- (c) unenclosed land within 15 metres of any part of any such road,
(2) Any person who contravenes this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding £200.
(3) It shall be a defence for a person charged with an offence under this section to prove that he took all reasonable precautions and exercised all due diligence to avoid commission of the offence.
(4) This section does not apply—
- (a) to the sale or offer or exposure for sale of things from or on a vehicle which is used only for the purpose of itinerant trading with the occupiers of premises, or is used only for that purpose and for purposes other than trading;
- (b) to the sale or offer or exposure for sale of newspapers;
- (c) to anything done at a market in respect of which tolls, stallages or rents are payable; or
- (d) to the sale or offer or exposure for sale of anything by way of street trading which has been authorised under Schedule 4 to the Local Government (Miscellaneous Provisions) Act 1982 or under any local enactment which makes provision similar to that made by that Schedule either by the person so authorised or by a person acting as assistant to the person so authorised."."
§ Mr. Macfarlane
I beg to move, That this House doth agree with the Lords in the said amendment.
The Government have accepted that there is a need to strengthen the powers of control over unacceptable roadside trading. This issue was covered in Committee. The intention of new clause A is to give to local authorities more effective power to remove stalls and vehicles that are frequently used for the sale of refreshment where their presence or use causes, or is likely to cause, danger or interruption to road users. A defence of due diligence is included. This will enable a trader to avoid commission of an offence under the new clause if he shows that when he set up his stall he took all reasonable steps to try to ensure that no danger or interruption, or likely danger or interruption, would result from his activities.
Subsection (3) of the new clause enables district councils to adopt certain powers regarding street trading. Schedule 4 sets out what those powers may be. These include the issuing of licences or consents to street traders. To fit the new clause into the context of the Bill, an exemption has been included in favour of a trader conducting his business under authority from the district council pursuant to schedule 4 or a similar local enactment. Considerations of street safety and matters relevant to the grant of a licence or consent are for the appropriate district council.
§ Question put and agreed to.
§ Lords amendments Nos. 51 and 52 agreed to.