Licences - Street Trading Licences
STREET TRADING ACT (NI) 2001
BALLYMONEY BOROUGH
COUNCIL ENFORCEMENT AND
SEIZURE POLICY
1 PURPOSE
By virtue of Sections 16 to 22 (inclusive) of the Street Trading Act (Northern Ireland) 2001 the Council may regulate street trading through enforcement powers in a street or part thereof in its District.
The purpose of this Policy is to provide guidance on matters, which should be considered when deciding whether to take enforcement action against a person of whom there is reasonable grounds to suspect commission of an offence under this Act while involved in Street Trading. Its aim is to provide, in so far as is possible, consistent decision making so as to develop and thereafter maintain public confidence in Ballymoney Borough Council’s performance of its duties.
2 SCOPE
This policy is intended to ensure that Ballymoney Borough Council Members and Officers are aware of those matters to be taken into consideration when determining, what if any, enforcement action is to be taken.
3 REFERENCES
1. Street Trading Act (Northern Ireland) 2001.
2. Guide to the Street Trading Act (Northern Ireland) 2001.
4 BACKGROUND
The Street Trading Act (Northern Ireland) 2001 enables District Councils to regulate Street Trading through designating, licensing and enforcement procedures. The Act received Royal Assent on the 5th April 2001, with a run in period of 6 months and became operative on the 1st October 2001. The new Act repealed most of the provisions of the 1929 Street Trading (Regulation) Act, except Section 10 which contains the provisions whereby Market Rights can be acquired or extinguished.
Section 17 of the Act details those street trading activities which would be in contravention of The Street Trading Act (Northern Ireland) 2001 and which would be enforced by means of a fixed penalty, a prosecution or seizure by authorised officers of Ballymoney Borough Council.
5 GENERAL PRINCIPLES
Each case must be considered on its own merits, but there are general principles that apply in all cases. The duty of Ballymoney Borough Council is to make sure that each trading situation is fairly and objectively assessed and that all relevant factors are considered. An authorised Officer may therefore deal with any contravention of the Street Trading Act (NI) 2001, by way of issue of a verbal warning, Fixed Penalty Notice, Formal Caution or legal measure as the situation merits, notwithstanding other measures detailed hereafter in this Policy.
6 ENFORCEMENT BY FIXED PENALTIES
Under the Street Trading Act (Northern Ireland) 2001, the Fixed Penalty Notice offers the opportunity of discharging (by payment of a fixed penalty to the Clerk of Petty Sessions by a given date) any liability to conviction of the offence under paragraph (a) or (b) of Section 21 of the Act as specified in the notice.
Paragraph (a) of Section 21 relates to the contravention, without reasonable excuse, of certain conditions of a street trading licence by:
- selling or supplying different articles, things or services to those specified;
- using receptacles of a different nature, size, type or number to those specified;
- failing to prominently display the name and licence number of the licence holder;
- failing to comply with the conditions governing the storage of articles, things or receptacles;
- failing to comply with the conditions governing the deposit and removal of refuse, including any containers used and their location.
Paragraph (b) of Section 21 relates to failing, on demand, to produce a street trading licence or temporary licence to an authorized officer of the district council or a police officer.
6.1 An authorised officer of Ballymoney Borough Council, upon becoming
aware of contraventions of conditions of a street trading licence as set out in Section 21 (a) & (b) [as above], shall issue a fixed penalty notice offering the opportunity of discharging any liability to conviction for that offence (by payment of £50 or if greater, 5% of level 3 fine on the standard scale) to the Clerk of Petty Sessions.
6.2 Only one fixed penalty may be issued to a person engaged in street
trading activities for each separate contravention as listed above in any one period of 24 hours.
6.3 All fixed penalties issued against an individual street trader must be recorded in a properly documented manner and upon reaching two fixed penalties having been issued for the same contravention against any individual within the annual term of a licence, then the matter shall be brought to the attention of the Council.
7 ENFORCEMENT BY PROSECUTION
As specified by the Street Trading Act (Northern Ireland) 2001, Section 17 (1) – Unlicensed street trading:
A person who –
(b) is the holder of a Street Trading Licence and contravenes a condition
of a kind specified in paragraph (a) to (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;
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
7.1 In any enforcement under this section the authorised officer will be aware of the identify of the person who is in receipt of the Street Trading Licence and a successful prosecution should follow in relation to any contraventions. It shall be the policy of Ballymoney Borough Council that where an authorized officer of the council has reasonable grounds for suspecting that a person is engaged in street trading and is guilty of an offence then the officer should initiate enforcement procedure.
8 ENFORCEMENT BY PROSECUTION AND SEIZURE
In accordance with The Street Trading Act (Northern Ireland) 2001:
Section 17(1) –
A person who –
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.
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Section 18(1) –
If an authorized officer or a constable has reasonable grounds for suspecting that a person has committed an offence under Section 17, he may seize –
(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;
which may be required to be used as evidence in any proceedings or may be the subject of an application for a Forfeiture Order under Section 19.
8.1 It shall be the policy of Ballymoney Borough Council that when an authorised officer of the Council has reasonable grounds for suspecting that a person is engaged in street trading and is not the holder of a Street Trading Licence, then the authorised officer may:-
(a) If the officer knows or is satisfied with the identity given by the
trader then he may proceed with initiation of legal proceedings
against that individual provided it is the first offence known to that officer.
(b) If he is not satisfied with the identity given by that trader or cannot
verify this identity then the authorised officer should advise the trader that seizure powers shall be invoked if he has not removed the stall/receptacle and the articles within thirty minutes (stall/receptacle must be closed up immediately).
(c) If the trader does not remove his stall/receptacle and articles within
the prescribed thirty minutes then the authorized officer should begin seizure procedures at this time.
(d) If the situation at (b) occurs and it is not the first occasion for such
trading then the officer may immediately begin seizure procedures in relation to all articles or things offered for sale and any receptacle/equipment being used in relation to such trade.
Council Enforcement and Seizure Policy contact: licensing@ballymoney.gov.uk
Telephone: 028 2766 0257
