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Street Trading Appeals

This information will be updated as significant progress is made.

Section 30 (11) of the London Local Authorities Act 1990 provides for appeals against certain decisions by London Local Authorities to be heard by the Secretary of State.

Appeals to the Secretary of State are heard by a senior official on his behalf. The appellant and the Local Authority concerned may submit arguments and evidence in writing, and they may also have the opportunity to argue their case at an oral hearing.

After any hearing, and having considered any evidence provided by the parties to the appeal and the relevant Local Authority, the senior official concerned will decide whether the appeal should be allowed or dismissed

The majority of our hearings are open to the public and notices giving time and place of hearings are published on the BIS website.

NOTICE

Street Trading Appeal to the Secretary of State under section 30(11)(d)) of the London Local Authorities Act 1990, against the London Borough of Hounslow

In June 2009 the Secretary of State received a joint appeal, led by Ms L Cash, on behalf of a number of retailers in St John’s Road, Hounslow. The appellants are contesting the Council’s determination for 2009/10 of the level of fees and charges payable for street trading licences for pavement cafes and shop front displays. The appellants believe the fees and charges in question fall outside the provisions of section 32(1)( and (2) of the London Local Authorities Act 1990.

This information will be updated as progress is made.

NOTICE

Street Trading Appeal to the Secretary of State under Section 32 (1) (2) (a) of the London Local Authorities Act 1990, against the London Borough of Southwark

In December 2008 the Secretary of State received an appeal from the Southwark Association of Street Traders (SAST) against London Borough of Southwark.

SAST are contesting the Council’s determination of street cleansing charges for the period 2008/09 - which they believe fall outside the provisions of Section 32 (1) (2) (a) of the London Local Authorities Act 1990.

This information will be updated as progress is made.

NOTICE

Street Trading Appeal to the Secretary of State under Section 30 (11) (c) of the London Local Authorities Act 1990, against the Royal Borough of Kensington and Chelsea

In 2006 the Secretary of State received an appeal from a street trader, Mr V Puri of East Ham.

Mr Puri appealed against conditions 6(f) 10(b) and 10(d) of the Royal Borough of Kensington and Chelsea street trading licences standard conditions for 2007.

Notice is given that a public hearing of this appeal took place on Tuesday January 15th 2008. Following full consideration of the evidence supplied by both parties a decision has been reached by the Secretary of State. The appeal has been rejected

City of Westminster Act 1999 – Section 19 (1) provides for certain appeals relating to the licensing of street traders by the Westminster City Council to be heard by the Secretary of State

Appeals to the Secretary of State are heard by a senior official on his behalf. The appellant or appellants involved and the Westminster City Council may submit arguments and evidence in writing, and they may also have the opportunity to argue their case at an oral hearing.

After any hearing, and having considered any evidence provided by the parties to the appeal and the Westminster City Council, the senior official concerned will decide whether the appeal should be allowed or dismissed

The majority of hearings are open to the public and notices giving time and places of hearings are published on the BIS website.

NOTICE

Appeals to the Secretary of State against the Westminster City Council under Section 19 of the City of Westminster Act 1999 –

In 2006 the Secretary of State received appeals from the Bayswater Road Artists Association, the Green Park Arts and Crafts Association, and the West End Street Traders Association (“WESTA”). Each of these Associations represents a number of street traders who are licence holders of isolated pitches in the area of the City of Westminster.

In each case, the appeal was against the amount of a fee or charge imposed by the Westminster City Council on holders of street trading licences. Section 22(2) of the City of Westminster Act 1999 provides that the Council may recover from licence holders such charges as are sufficient to recover the reasonable costs of:

a) the collection, removal and disposal of refuse

b) the cleansing of streets in which street trading takes place
in so far as that can be attributable to such trading

c ) reasonable administrative costs or other costs not otherwise recovered under the City of Westminster Act 1999 incurred in connection with the administration of the provisions of that Act

d ) the cost of enforcing the provisions of the City of Westminster Act 1999.

Notice is hereby given that WESTA has withdrawn its appeal to the Secretary of State. In the case of the other two appeals, the parties are at present holding discussions outside the appeal process.

This information will be updated as significant progress is made.