HL Deb 14 October 1976 vol 375 cc537-9

[No. 1]

After Clause 6 insert the following new clause:

Trading near Highways

.—(1) No person (other than a person selling, offering or exposing for sale or depositing for sale any foods, goods, provisions, articles or things at any market or fair for which a toll, stallage or rent is payable) shall use any shed, hut, shelter, booth, shop, stall or other erection whether on wheels or not or any vehicle or any container used with or without a stall on the verge or lay-by of any road to which this section applies or on any land adjacent to and within 15 yards of such verge, lay-by or road for the purpose of selling, offering, depositing or exposing for sale any food, goods, provisions, articles or things whatsoever other than newspapers.

(2) If any person contravenes the provisions of this section he shall be liable to a fine not exceeding fifty pounds and to a daily fine not exceeding five pounds.


  1. (a) This section applies to roads of any of the following descriptions—
    1. (i) all trunk roads and roads which are classified as principal roads by the Secretary of State under the Local Government Act 1966;
    2. (ii) any other county road, or part of a county road to which the highway authority may by order apply this section.
  2. (b) Before making an order under this sub section the highway authority shall cause to be published once in each of two successive weeks in a local newspaper circulating in the locality in which the road is situated, a notice stating the general effect of the intended order and stating that within a period specified in the notice (not being less than twenty-eight days after the first publication of the notice) any person may object to the application by sending notice of his objection and of the grounds thereof to the highway authority.
  3. (c) If, before the expiration of the period specified in the notice, any objection to the application is received by the highway authority, 538 the highway authority shall consider any such objection and shall afford to any objector an opportunity of being heard by the highway authority before making the order.

(4) Nothing in this section shall apply to—

  1. (a) any shed, hut, shelter, booth, shop, stall or other erection or any vehicle placed on private property by or with the consent of the owner of such property and with the permission of the highway authority;
  2. (b) any building erected or work constructed with the consent of the Secretary of State in pursuance of section 194 of the Law of Property Act 1925 or of any other statutory provision or any scheme made pursuant to a statute;
  3. (c) the sale of food, goods, provisions, articles or things from a vehicle when in use solely for the purpose of itinerant trading with the occupants of the premises adjoining any verge or land referred to in subsection (1) of this section;
  4. (d) the sale of food, goods, provisions, articles or things from any premises used as a shop or as a petrol filling station pursuant to a permission granted or deemed to have been granted under the provisions of the Town and Country Planning Act 1971 or any order or regulation made thereunder or in respect of which an enforcement notice cannot be served under section 87 of the Town and Country Planning Act 1971 by virtue of subsection (3) of that section; or
  5. (e) the sale by the occupier of land used for agriculture or horticulture, and from such land, of the produce thereof, unless in relation to any particular location on such land a magistrates' court on the complaint of the highway authority under section 43 of the Magistrates' Courts Act 1952 determines because of the use thereof for the purpose of such sale would adversely affect the safety of persons using the adjoining road that the exemption conferred by this paragraph shall not apply to that location or that the said exemption shall not apply until any condition imposed by the court in relation to access to or facilities for the parking of the vehicles of persons likely to frequent the said location in connection with such sale has been complied with.


  1. (a) In giving their permission under paragraph (a) of subsection (4) of this section the highway authority may attach thereto such terms and conditions as they think fit.
  2. (b) Where an application is made to a highway authority for a permission under paragraph (a) of subsection (4) of this section then unless within twenty-eight days from the date of the receipt of the application the highway authority give notice to the applicant of their decision on the application the provisions of paragraph (c) of this subsection shall apply in relation to the application as if the highway authority had refused to grant the permission applied for.
  3. (c) Any person aggrieved by the refusal of the highway authority to grant permission under paragraph (a) of subsection (4) of this section or by the terms and conditions attached thereto 539 may appeal to a magistrates' court and on any such appeal, the court may—
    1. (i) if the appeal was against a refusal by order direct the highway authority to withdraw such refusal and to issue the permission for which application was made;
    2. (ii) if the appeal was against the imposition of terms or conditions direct that the permission shall as specified in the direction, have effect either unconditionally or subject to such modified terms and conditions as may be so specified.
  4. (d) Any breach of any terms and conditions imposed by the highway authority under paragraph (a) of this subsection shall be deemed as regards liability to a fine equivalent to a contravention of the provisions of this section.

(6) In this section—

  1. (a) the expression "container" includes any basket, pail, tray, package or receptacle of any kind whether open or closed;
  2. (b) the expression "private property" does not include common land or unenclosed moorland;
  3. (c) the expression "vehicle" means a vehicle of any description drawn or propelled along roads whether by animal or mechanical power.

[No. 2]

The Commons disagreed to this Amendment for the following Reason:—

Because so far as the aims of the amendment are desirable, they are adequately secured by existing general legislation.