Nottingham City Council Act 2013 Local Government (Miscellaneous Provisions) Act 1982
New Powers to control of street trading in Nottingham.
Nottingham City Council (‘the Council’) has extra powers to control street trading under the Nottingham City Council Act 2013 (‘the 2013 Act’).
Under Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982 (‘the 1982 Act’) ‘street trading’ is defined as the selling or exposing or offering for sale of any article (including a living thing) in a street. The 2013 Act extends the definition of ‘street trading’ in the administrative area of Nottingham to include ‘the purchasing of or offering to purchase any ticket for gain or reward’ (ticket touts).
The new powers contained in the 2013 Act allow the Council to designate specific areas where greater controls apply to street ‘pedlars’ and the size of their trolleys. Pedlars will still benefit from an exemption to street trading contained in the 1982 Act where they trade in accordance with the requirements of their pedlar’s certificates, although in areas designated under the 2013 Act Pedlars may not trade in tickets, and all articles must be either carried without any means of support or carried in a single, wheeled trolley which is pushed or pulled by the holder of the pedlar’s certificate.
Under the new powers, in any area designated in accordance with the 2013 Act, the pedlar’s trolley, excluding handle and display, is restricted to 0.75m width, 0.5m depth and 1.25m height. The trolley, including handle and display, is restricted to 0.88m width, 0.83m depth and 1.63m, height.
The 2013 Act also allows the Council to issue a fixed penalty notice for an offence under the 1982 Act, which includes an offence of aiding, abetting, counselling or procuring the commission of such an offence.
Area Designated under the 2013 Act:
The Council resolved to designate an area of Nottingham city centre under the 2013 Act at the meeting of the Nottingham City Council Regulatory and Appeals Committee on 8 October 2018 in compliance with the requirements of the 2013 Act and the 1982 Act as amended, which will come into force on 3 December 2018.
The area designated under the 2013 Act by the Council has effect at all times and applies to the land within the solid red line on the Plan found on the Council’s website: http://www.nottinghamcity.gov.uk/events-markets-parks-and-museums/markets-and-fairs/
The designated area is bounded by and including the following:
‘from a point at the junction of South Sherwood Street, the designated area runs east and is bounded by the back of the footway on the north side of Shakespeare Street, south along the back of the footway on the east side of Milton Street, then east and then south along the back of the footway on the north, east and south sides of Lower Parliament Street to the junction of Canal Street and London Road. It then runs south, then west, then north around the traffic roundabout on London Road (at its junction with Canal Street and Parliament Street), then west along the back of the footway on the south side of Canal Street, north along the back of the footway on the west side of Castle Road (including the whole of Lenton Road to the junction of the Nottingham Park Estate) then runs north west along the back of the footway on the north side of Friar Lane. It then runs north west and is bounded by the back of the footway on the west side of Maid Marian Way, continuing over Wollaton Street to Talbot Street, east along the back of the footway on the north side of Talbot Street, north along the back of the footway on the west side of South Sherwood Street to the point at the junction of South Sherwood Street. (‘the Designated Area’)’
The Council has followed the process required by Schedule 4 of the 1982 Act as amended by the 2013 Act in relation to the Designated Area, and allowed the requisite period for any representations to be made before the resolution was passed. The Council also published notice that the resolution was passed in accordance with the statutory requirements.
Street Trading in Nottingham
A number of streets within Nottingham city centre have been designated as either ‘prohibited streets’ or ‘consent streets’, details of these can be found at
Markets Management Office
In a prohibited street no ‘street trading’ as defined by the 1982 Act and amended by the 2013 Act is allowed at any time.
In a consent street ‘street trading’ as defined by the 1982 Act and amended by the 2013 Act is allowed if the trader has a street trading consent issued by the Council and the street trading is in accordance with that consent. More information about street trading and how to apply for a street trading consent can be found on the markets & Fairs website: http://www.nottinghamcity.gov.uk/events-markets-parks-and-museums/markets-and-fairs/
Further information about street trading can be found on the markets & fairs website: https://www.nottinghamcity.gov.uk/events-markets-parks-and-museums/markets-and-fairs/trading-on-one-of-nottinghams-markets/street-trading/
The following are offences under Paragraph 10 of the 1982 Act, and are known as ‘relevant offences’ under the 2013 Act:
- Engaging in street trading in a prohibited street; or
- Engaging in street trading in a licence street or a consent street without being authorised to do so under Schedule 4 of the 1982 Act; or
- Contravening any of the principal terms of a street trading licence; or
- Being authorised by a street trading consent to trade in a consent street, trades in that street:
- from a stationary van, cart, barrow or other vehicle; or
- from a portable stall
without first having been granted permission to do so under paragraph 7(8) of Schedule 4 of the 1982 Act; or
- Contravenes a condition imposed under a Street trading consent under paragraph 7(9) of Schedule 4 of the 1982 Act
- A person who, in connection with an application 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;
- An offence of aiding, abetting, counselling or procuring the commission of an offence under any of the above offences.
A person guilty of a relevant offence shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale (currently £1,000).
Where on any occasion that an Authorised Officer of the Council finds a person who he has reason to believe has on that occasion committed one of the above offences in Nottingham (a ‘relevant offence’), the Officer may give that person a notice offering that person the opportunity of discharging any liability to conviction for that offence by the payment of a fixed penalty (‘Fixed Penalty Notice’) of £150.
Where a Fixed Penalty Notice has been issued in respect of one of the above offences:
- no proceedings shall be instituted for that offence before the expiration of 14 days following the date of the notice; and
- he shall not be convicted of that offence if he pays the fixed penalty before the expiration of that period.
The Council’s Fixed Penalty Notice complies with the requirements of section 7 of the 2013 Act and all Authorised Officers of the Council have received training as required by the 2013 Act, with particular reference to ensuring that those trading lawfully in accordance with the 1982 Act are not prevented from doing so. The Council’s Enforcement Policy in relation to enforcement under the 1982 Act as amended by the 2013 Act is published on the markets & fairs website https://www.nottinghamcity.gov.uk/events-markets-parks-and-museums/markets-and-fairs/trading-on-one-of-nottinghams-markets/street-trading/ .
Under section 11 of the 2013 Act it is also an offence for a person, on being requested by an Authorised Officer to furnish his name and address for service of a summons for a relevant offence or Fixed Penalty Notice (“a relevant person”) to:
- fail to furnish a name; or
- furnish a false name; or
- furnish a false address.
A person guilty of an offence under a) above is liable on summary conviction to a fine not exceeding level 3 on the standard scale (currently £1,000), and a person guilty of an offence under either b) or c) above is liable on summary conviction to a fine not exceeding level 5 on the standard scale (unlimited). An Authorised Officer must produce his authority if required to do so by a relevant person.
The Council has, in accordance with the provisions in the 2013 Act, set the level of fixed penalty payable for any of the above offences at £150. The Secretary of State has been notified in accordance with section 9 of the 2013 Act, and has confirmed that he has no objection to the level set.
A copy of the 2013 Act is available at Markets Management Office, Glasshouse Street,Nottingham,NG1 3LP,United Kingdom and the 1982 Act can be viewed on the following website: www.legislation.gov.uk
The 2013 Act applies in the administrative area of Nottingham, and will remain in force so long as any resolution by the Council under section 3 of the 1982 Act remains in force.
The Council is also required to keep an account of their income and expenditure in respect of the administration and enforcement of Fixed Penalty Notices issued for a relevant offence and comply with financial provisions detailed in section 10 of the 2013 Act.
The Council may only designate an area under section 5 of the 2013 Act if it has reason to believe that it is necessary to designate an area to ensure road safety or prevent obstruction of the highway.
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