 House of Commons |
Session 2005 - 06 Internet Publications Other Private Bills before Parliament Arrangement of Clauses (Contents) |
| Liverpool City Council Bill
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EXPLANATORY MEMORANDUM This Bill is promoted by Liverpool City Council (“the Council”), which is the district council for the City of Liverpool. The Bill relates to street trading, which for areas in England and Wales outside London is governed by section 3 of and Schedule 4 to the Local Government (Miscellaneous Provisions) Act 1982 (“the 1982 Act”). Section 3 enables local authorities to adopt the licensing regime set out in Schedule 4. The Council has adopted the regime. The Bill has three main purposes, namely—
(1) to alter the exemption enjoyed by the holders of a pedlar's certificate from the street trading regime contained in the 1982 Act;
(2) to empower council officers or police constables to seize articles, receptacles or equipment, in cases where they believe a street trading offence has been committed;
(3) to allow the court to order the forfeiture of any article, receptacle or equipment which is shown to the satisfaction of the court to relate to the offence.
Clause 1 of the Bill deals with citation, and Clause 2 with interpretation.
Clause 3 provides that the Act shall apply so long as the street trading regime in the 1982 Act remains in force in the council's area. It also provides for the provisions of the Bill to come into operation on a day or on days to be appointed by the Council.
Clause 4 alters the exemption from the street trading regime enjoyed by holders of a pedlar's certificate. It limits the exemption to persons trading by house to house visits. They will continue to enjoy the protection of the 1982 Act. All other holders of pedlar's certificates will, on the coming into force of the Bill, have to be licensed by or have the consent of the council under Schedule 4 to the 1982 Act if they wish to carry on street trading, and will be subject to the controls that the schedule puts in place.
The existing exception is given to persons who trade and by doing so are acting as a pedlar under the authority of a pedlar's certificate granted under the Pedlars Act 1871 (“the 1871 Act”). The 1871 Act itself defines a pedlar as “a person who, without any horse or other beast, travels and trades on foot from town to town carrying to sell or exposing for sale any goods, wares or merchandise or procuring orders for the same, or selling or offering for sale his skill and handicraft”. The fees for pedlar's certificates are considerably lower than those for a street trading licence, and pedlars are not subject to the extensive controls placed on holders of street trading licences. Pedlar's certificates are granted by the police, and the conditions for the grant of a pedlar's certificate are that the applicant has lived in the police area for a month, is over 17 and is of good character. A pedlar's certificate, once granted, entitles the holder to act under its authority anywhere in England, Wales and Northern Ireland for a period of one year.
Clause 5 empowers an authorised officer of the Council or a constable to seize articles, receptacles or equipment in cases where a person is reasonably suspected of committing a street trading offence, as defined by paragraph 10 of Schedule 4 to the 1982 Act. Seizure is only permitted where the article may be required to be used in evidence in any proceedings in respect of the suspected offence, or where it may be the subject of forfeiture by the Court under Clause 7, and (in the case of articles) where the article is not of a perishable nature. The clause provides that a certificate must be issued by the council to the person from whom the article was seized.
Clause 6 provides for the return or disposal of items seized under Clause 5. Items must be returned to the person from whom they were seized following the conclusion of proceedings in respect of the suspected offence, unless the court orders them to be forfeited under Clause 7, or if any award of costs to the Council has not been paid within 28 days of the order being made. In that case, the Council may dispose of the items as they think fit, paying to the person to whom the items belonged any sum obtained on the sale of the items in excess of the costs awarded.
Seized items would also have to be returned at the end of the period of 56 days beginning with the date of seizure if no proceedings had been instituted, or any proceedings that had been instituted had been discontinued or were discontinued at any time during or after the end of that 56 day period.
Seized items do not have to be returned where it is not possible to identify or ascertain the address of the person from whom they were seized. In such a case the Council or Chief Constable must apply to the magistrates' court for an order as to the manner in which the items should be dealt with.
Clause 7 permits a court before which a person is convicted of a street trading offence to order forfeiture of items. Items may only be forfeited if shown to the satisfaction of the court to relate to a street trading offence. Also, the court may not order the forfeiture of an item where a person claiming to be the owner of the item or to have an interest in it applies to be heard by the court, unless he has been given an opportunity to show cause why the order should not be made. In considering whether to make an order for forfeiture, the court must consider the value of the item and the likely financial and other effects on the offender of forfeiting the item.
Clause 8 provides for compensation to be paid to anyone who at the time of seizure had a legal interest in the item, where the seizure was unlawful. Compensation is also payable where not less than six months have passed since the date of seizure and no proceedings have been brought against the person from whom the item was seized, or where proceedings have been brought but the person has been acquitted, or where the proceedings have been withdrawn or failed for want of prosecution.
EUROPEAN CONVENTION ON HUMAN RIGHTS
In the view of Liverpool City Council the provisions of the Liverpool City Council Bill are compatible with the Convention rights.
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| © Parliamentary copyright 2006 | Prepared 8 May 2006 |