 House of Commons |
Session 2000-01 Internet Publications Other Private Bills before Parliament Arrangement of Clauses (Contents) |
| City of Newcastle upon Tyne Bill [HL]
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EXPLANATORY MEMORANDUM This Bill provides for miscellaneous powers within the City of Newcastle upon Tyne in four areas of activity: street trading, door supervisors, second-hand goods dealers and the distribution of free literature. PART 1 PRELIMINARY Part 1 of the Bill deals with preliminary matters and includes, at clause 2, definitions of certain expressions used in the Bill. Clause 3 provides for the provisions of the Bill to come into operation on a day or on days to be appointed by the council of the city. PART 2 STREET TRADING Clause 4 restricts the exemption for pedlars from the street trading provisions of the Local Government (Miscellaneous Provisions) Act 1982 to pedlars trading by means of house to house visits. Clause 5 provides for a power of seizure on determination by an officer of the council or a constable that an offence has been committed under the Act of 1982 and authorises the court to order the forfeiture of goods. PART 3 REGISTRATION OF DOOR SUPERVISORS Clause 6 defines the circumstances under which door supervisors are required to be registered. Clause 7 requires door supervisors to be registered. Clause 8 authorises the granting and renewal of registration. Clause 9 deals with the requirements for making applications for the registration or renewal of a registration. Clause 10 sets out the grounds by which the council may refuse to grant or renew a registration. Clause 11 makes provision for the cancellation of a registration. Clause 12 authorises the council to suspend or revoke a registration for any of the grounds listed in clause 10. Clause 13 sets out the procedure whereby the council may prescribe standard terms, conditions and restrictions to registration. Clause 14 prescribes the rights of appeal in certain cases to a magistrates' court and to the Crown Court. Clause 15 prohibits licensed premises holders from employing unregistered door supervisors. The maximum fine for a licensed premises holder is a fine not exceeding level 5 on the standard scale and for an unregistered door supervisor a fine not exceeding level 4 on the standard scale. Clause 16 provides a power of entry into premises by an officer of the council or a constable in certain circumstances. Clause 17 provides for an offence of disclosure of confidential information in certain circumstances. Clause 18 makes transitional arrangements for existing door supervisors. Clause 19 provides for a defence of due diligence to all offences except those under clause 15(2) and (3). PART 4 REGISTRATION OF SECOND-HAND GOODS DEALERS Clause 20 provides for the registration of second-hand goods dealers in the city. It creates offences. It also provides powers of entry to enable officers of the council to check compliance with the provisions of the section and defines those persons and activities who or which are not subject to the provision. PART 5 DISTRIBUTION OF FREE LITERATURE Clauses 21 and 22 empower the council to designate areas in which the distribution of free literature will be an offence subject to a fine not exceeding level 2 on the standard scale. |
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| © Parliamentary copyright 2001 | Prepared 30 January 2001 |