[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Statutes of Northern Ireland
You are here: BAILII >> Databases >> Statutes of Northern Ireland >> URL: http://www.bailii.org/nie/legis/num_act/stai1929440.txt

[New search] [Help]

STREET TRADING (REGULATION) ACT (NORTHERN IRELAND) 1929

STREET TRADING (REGULATION) ACT (NORTHERN IRELAND) 1929 - LONG TITLE

An Act to enable certain local authorities to regulate the carrying
on of trading in streets within their areas, and for purposes
connected therewith.{1}
[11th July 1929]
Licensing of street traders.

STREET TRADING (REGULATION) ACT (NORTHERN IRELAND) 1929 - SECT 1

1.(1) On and after the first day of January, nineteen hundred and
thirty, it shall not be lawful for any person to sell, or expose
or offer for sale, any article or thing from or upon any vehicle,
barrow, cart, stall, or other receptacle occupying a stationary
position at a place in the carriage-way or footway of any street
in [a district] without a licence from the council ... of the
district ... authorising such person so to do:

Provided that this section shall not apply to any person who, while
moving his vehicle, barrow, cart, stall, or other receptacle from
place to place in the district in pursuit of and while conducting
his trade, sells or exposes or offers for sale therefrom or thereon
any article or thing, and a stoppage by such person for the
purpose of the delivery of such article or thing shall not be
deemed to be an offence against this section.

(2) The provisions of this Act shall apply to a person selling,
exposing, or offering articles or things for sale from or upon a
place in the carriageway or footway of any such street as
aforesaid, as if the sale, exposure or offer for sale took place
from or upon a vehicle, barrow, cart, stall or other receptacle.

(3) For the purposes of this Act, the expression "street" includes
any public place, square, or bridge...

STREET TRADING (REGULATION) ACT (NORTHERN IRELAND) 1929 - SECT 2
Applications for licences, etc.

2.(1) A person requiring a licence or the renewal of a licence
under this Act shall make application in writing to the [district
council], and shall in such application state his full name and
address and the nature of the articles and things which he intends
to sell or expose or offer for sale under the authority of the
licence if granted, the place (if any) at which the articles or
things will be stored by him before any sale or exposure or offer
for sale, and the street or streets or area in which he intends
so to sell or expose or offer for sale....

(2) The [district council] shall, as soon as reasonably practicable
after the receipt of an application under the provisions of this
section, grant or renew a licence to the applicant under and for
the purposes of this Act:

Provided that the [district council] may refuse to grant or renew a
licence, or may at any time revoke or vary a licence granted to
any person, if

(a)on account of misconduct or for any other sufficient reason he
is in their opinion unsuitable to hold such licence; or

(b)the space available in the street or streets or area to which
the application relates, or which is or are prescribed by the
licence, is at the date of such application, or becomes at any
time after the grant of such licence, insufficient for the selling
or exposing or offering for sale by the applicant or licensee of
any articles or things under the authority of a licence under this
Act, or of the particular articles or things referred to in the
application or licence, without causing undue interference with or
inconvenience to the traffic in such street or streets or area; or

(c)the street or streets to which the application relates is or are
not a street or streets ordinarily prescribed by the [district
council] in licences granted by them pursuant to this Act;

(3) Any licence under this section shall be in a form prescribed
by the Ministry of Home Affairs, and may contain conditions
specifying

(a)the streets or area in which, and the position or place in any
such street or area at which, the licensee may sell or expose or
offer for sale articles or things as aforesaid;

(b)the classes of articles or things which may be sold or exposed
or offered for sale under such licence;

(c)the days and the times on and at or during which the licensee
may sell or expose or offer for sale articles or things as
aforesaid; and

(d)the number of vehicles, barrows, carts, stalls or other
receptacles which may be used for the said purposes under the
authority of the licence;

(4) A [district council] shall not refuse to renew, nor shall they
revoke or vary, any such licence unless they have given to the
person applying for such renewal, or holding the licence proposed to
be revoked or varied, not less than seven days' previous notice in
writing that objections have been or will be taken to such renewal,
or that a revocation or variation is proposed, and unless, on
written application made within seven days after the receipt of such
notice, they have afforded to such person an opportunity of being
heard against such refusal, revocation or variation.

STREET TRADING (REGULATION) ACT (NORTHERN IRELAND) 1929 - SECT 3
Fees for licences.

3. Any person making application for the grant or renewal of a
licence under this Act shall, when making the same, pay to the
[district council] in respect of such application a fee of [#5].

STREET TRADING (REGULATION) ACT (NORTHERN IRELAND) 1929 - SECT 4
Duration of licences.

4. Every licence granted or renewed under this Act shall, unless
revoked, be valid for a period expiring on the thirty-first day of
December after such grant or renewal next ensuing, or if any annual
meeting shall be appointed by the [district council] to be held for
the purpose of considering applications under this Act in the year
next succeeding the said thirty-first day of December, until the
date of such annual meeting so appointed.

Proviso spent

Appeals against refusal or revocation of licences.

STREET TRADING (REGULATION) ACT (NORTHERN IRELAND) 1929 - SECT 5

5.(1) If the [district council] refuse to grant or renew a licence,
or revoke or vary a licence, under this Act they shall, if
required by the applicant or holder (as the case may be) deliver
to him within seven days of the receipt of such requirement
particulars in writing of the grounds for such refusal, revocation
or variation.

(2) Any person aggrieved by such refusal, revocation or variation,
or by any condition made by the [district council] by means of a
licence, may, within fourteen days after the date on which the
refusal, revocation, variation or condition is notified to him,
appeal against it to a court of summary jurisdiction constituted of
a resident magistrate, sitting alone or with other resident
magistrates; and the decision of that court shall be final, and
effect shall be given thereto by the [district council].

(3) The following provisions shall have effect with respect to any
such appeal:

(a)Notice in writing of the appeal and of the grounds thereof shall
be given by the appellant to the clerk of the [district council];

(b)The court may make such order in the matter as it considers
reasonable, and may award costs to be recoverable as costs in cases
of a civil nature are recoverable under section twenty-two of the
Petty Sessions (Ireland) Act, 1851.

(4) In this section the expression "resident magistrate" means a
magistrate appointed under the Constabulary (Ireland) Act, 1836, as
amended by section six of the Constabulary Act (Northern Ireland),
1922.

STREET TRADING (REGULATION) ACT (NORTHERN IRELAND) 1929 - SECT 6
Bye-laws as to trading under licences.

6.(1) The [district council] may make bye-laws for all or any of
the following purposes:

(a)For prescribing the days on which, and the times during which,
articles or things may be sold or exposed or offered for sale
under the authority of a licence granted or renewed under this Act;

(b)For making provision with respect to the deposit and removal of
refuse, and the charges which may be made for removal or other
services rendered by the [district council];

(c)For the allocation, maximum dimensions and arrangement of vehicles,
barrows, carts, stalls and other receptacles;

(d)For the storage and the sanitary supervision (while at the place
of intended sale or exposure or offering for sale) of articles of
food intended to be sold or exposed or offered for sale under the
authority of the licence;

(e)For prescribing any other conditions under which articles or
things may be sold or exposed or offered for sale under the
authority of the licence;

(f)For prescribing penalties for the breach of any such bye-laws.

Subs.(2) rep. by 1972 c.9 (NI) s.149 sch.9

STREET TRADING (REGULATION) ACT (NORTHERN IRELAND) 1929 - SECT 7
Power of district council to make charges for certain services.

7. The [district council] may make, and recover from persons
licensed by them under the provisions of this Act, charges for
services rendered by them to any such person in removing refuse or
otherwise, not exceeding the charges prescribed by bye-laws made
under this Act.

STREET TRADING (REGULATION) ACT (NORTHERN IRELAND) 1929 - SECT 8
Power of licensees to employ other persons.

8. Any person holding a licence under this Act may employ any
other person to assist him in the conduct of his business without
any further licence, under this Act being required.

STREET TRADING (REGULATION) ACT (NORTHERN IRELAND) 1929 - SECT 9
Penalties and legal proceedings.

9.(1) Every person who, or whose assistant, after the first day of
January, nineteen hundred and thirty, without a licence under this
Act authorising him so to do, or contrary to any condition of such
licence, sells or exposes or offers for sale any article or thing
from or upon any vehicle, barrow, cart, stall or other receptacle
occupying a stationary position at a place in the carriageway or
footway of any street in the district, or obtains a licence or the
renewal of a licence by wilful misrepresentation, shall be liable on
summary conviction to a penalty not exceeding five pounds, and to a
penalty not exceeding [#2] for each day on which such offence is
continued after conviction therefor:

Provided that a person who has appealed to a court of summary
jurisdiction (except against a refusal to grant a new licence) in
accordance with the provisions of this Act shall not be liable to
any proceedings under this section for the offence of selling or
exposing or offering for sale, in the street or streets or area
specified in the licence or application which is the subject of the
appeal, any article or thing as aforesaid without a licence, until
such appeal has been heard and determined, or has been abandoned.

(2) Offences under this Act, or under any bye-law made under the
powers of this Act, may be prosecuted, and penalties, costs and
expenses recovered, in like manner and subject to the same
provisions as offences which may be prosecuted, and penalties, costs
and expenses which may be recovered, in a summary manner under the
Public Health (Ireland) Acts, 1878 to 1918.

STREET TRADING (REGULATION) ACT (NORTHERN IRELAND) 1929 - SECT 10
Power of district council to acquire or extinguish market rights for
purposes of Act.

10.(1) Where any rights, powers, or privileges are enjoyed by any
person or persons entitling him or them to hold, or take tolls in
respect of, a market in any street within the district (which
rights, powers or privileges are in this Act referred to as "market
rights") the powers conferred upon the [district council] by this
Act shall not except in accordance with an agreement made with such
person or persons entitled as aforesaid be exercised in relation to
trading in such street, unless the [district council] first acquire
or extinguish such market rights; and the [district council] may,
for the purpose of enabling them to exercise the said powers make
such agreement as aforesaid or may purchase compulsorily or
extinguish such market rights in accordance with the following
provisions of this section:

Provided that no resolution for the compulsory purchase or
extinguishment of market rights shall be passed by the [district
council], except in compliance with the like requirements as are
applicable to meetings and resolutions of a [district council] for
the purposes of section one hundred and three of the Public Health
(Ireland) Act, 1878, and no such resolution shall have effect unless
approved by an order of the Ministry of Home Affairs.

(2) Where the [district council] resolve to purchase compulsorily or
extinguish market rights under this section, the resolution shall be
submitted to the Ministry of Home Affairs and notice thereof shall
be published by the [district council] in the prescribed manner, and
such notice shall be given to the persons in whom the market
rights are for the time being vested, or to such of the said
persons as are known to the [district council], as may be
prescribed.

(3) On the expiration of one month after the publication of the
resolution the Ministry of Home Affairs, after considering all
objections to the resolution which may have been presented to the
said Ministry by persons in whom the market rights are vested, and
after causing a local inquiry to be held (if the said Ministry
thinks it necessary to do so) as to the propriety of approving of
the resolution, may make an order approving of the resolution.
Notice of the making and effect of any such order shall be given
by the [district council] in the prescribed manner to such persons
as may be prescribed.

If a local inquiry is held, the [district council] and the persons
in whom the market rights are vested, and such other persons as
the person holding the inquiry in his discretion thinks fit to
allow, shall be permitted to appear and be heard at the inquiry,
and before making the order the Ministry of Home Affairs shall
consider the report of the person who held the inquiry and all
objections made thereat. Sub-sections (1) and (3) of article
thirty-two of the Schedule to the Local Government (Application of
Enactments) Order, 1898, and section six of the Local Government Act
(Northern Ireland), 1923, shall apply for the purposes of the
holding of any local inquiry under this sub-section.

(4) As from a date to be specified in that behalf in any order
made by the Ministry of Home Affairs as aforesaid, the market
rights shall, by virtue of this section, be transferred to and vest
in and be enjoyed by the [district council], or be wholly
extinguished (as the case may require).

(5) Upon the transfer or extinguishment of any market rights under
this section, any person in and by whom immediately before such
transfer or extinguishment those rights were vested and exercisable
shall be entitled to receive, and shall be paid by the [district
council], compensation for such loss, if any, as may have been
sustained by him by the taking from him or extinguishment of such
market rights as were theretofore regularly exercised by him or any
predecessor in title: provided that, within two months after the
date of such transfer or extinguishment, such person delivers to the
[district council] a notice in writing of his claim for compensation
containing such particulars as are required by section five of the
Acquisition of Land (Assessment of Compensation) Act, 1919, to be
given in the notices of claim referred to in that section.

(6) Any compensation payable under the provisions of this section
shall be of such amount as may be agreed between the [district
council] and the person claiming the same, or as (failing such
agreement) shall be determined by [the Lands Tribunal for Northern
Ireland] under the Acquisition of Land (Assessment of Compensation)
Act, 1919, and such determination shall be made in accordance, as
far as applicable, with the provisions of the said Act.

Any compensation so payable shall be paid to the person entitled
thereto, as soon as practicable after the amount thereof has been
agreed or determined as aforesaid, together with interest thereon at
the rate of five per centum per annum calculated from the date of
transfer or extinguishment of the market rights to the date of
payment.

(7) Within three months after any payment of compensation as
aforesaid, the [district council] shall produce to the Ministry of
Finance a copy of the order made by the Ministry of Home Affairs
under sub-section (3) of this section, stamped with the same ad
valorem duty in respect of such payment as would be payable upon a
deed of release or renunciation of a right or interest in property
(executed at the time of such payment) upon a sale made in
consideration of such payment; and in default of such production the
amount of the said duty, with interest thereon at the rate of five
per centum per annum from the date of such payment, shall be a
debt due to the Ministry of Finance from the [district council].

(8) The omission by the [district council] to give the prescribed
notice to any person in whom any market rights are vested, but the
existence of whose interest therein was not known to the [district
council], shall not affect the operation of the provisions of
sub-section (4) of this section in relation to such market rights.
The rights of any person entitled to compensation under this section
to receive such compensation shall not be prejudiced by the omission
of the [district council] to give him the prescribed notice, but
any claim for compensation by any person to whom the [district
council] omit to give such a notice shall not be entertained unless
he delivers to the [district council], within twelve months after
the date of transfer or extinguishment of the market rights, a
notice in writing of his claim containing such particulars as are
referred to in sub-section (5) of this section.

(9) The provisions of section one hundred and three of the Public
Health (Ireland) Act, 1878, shall apply to a market in respect of
which market rights are acquired by a [district council] under this
section, in like manner as those provisions apply to a market
established by an urban authority under the said section one hundred
and three.

(10) Anything required by this section to be prescribed shall be
prescribed by regulations to be made by the Ministry of Home
Affairs.

Ss.11,12 rep. by SRO (NI) 1973/341

STREET TRADING (REGULATION) ACT (NORTHERN IRELAND) 1929 - SECT 13
Powers of Act cumulative.

13. All powers given to the [district council] under this Act shall
be deemed to be in addition to, and not in derogation of, any
other powers conferred upon such [district council] by any Act of
Parliament, law or custom, and such other powers may be exercised
in the same manner as if this Act had not been passed.

Nothing in this Act shall exempt any person from any penalty to
which he would have been liable if this Act had not been passed,
but no person shall be liable, except in the case of a penalty
for an offence which is continued after conviction therefor, to more
than one penalty in respect of the same offence.

S.14 rep. by 1980 NI11 art.64(2) sch.9

STREET TRADING (REGULATION) ACT (NORTHERN IRELAND) 1929 - SECT 15
Short title.

15. This Act may be cited as the Street Trading (Regulation) Act
(Northern Ireland), 1929.