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[UK] Laws Regarding Stress Test Cart

Discussion in 'Leaks & Legal' started by gleeb, Oct 23, 2008.

  1. gleeb Member

    [UK] Laws Regarding Stress Test Cart

    Please find below the post I made to the Manchester Planning Forum. This information applies to everywhere in England, probably Wales, Scotland and Northern Ireland, too, but the locals will need to confirm.

    ----

    Considering our EPIC WIN of when we were able to troll the Stress Test Cart because they had it out on a protest day, we have made some research into the issue of the cart being out.

    Close was the first person to find that they are not allowed to be out on Market Street. This allowed me to be able to find the information on the law regarding street trading.

    The upshot is, if they are in any of the places listed below, they can be arrested, charged and prosecuted, with the result being a maximum fine of £1,000. (source)

    * New Cathedral Street
    * St Ann's Square / Exchange Street
    * Exchange Square
    * King Street (pedestrian area)
    * Market Street
    * Piccadilly
    * St Mary's Gate
    * Millennium Quarter

    The basics that would apply to the cart being out on the above streets are as follows;

    Schedule 1, Paragraph 1 states;
    * In this Schedule [...] “street trading” means, subject to sub-paragraph (2) below, the selling or exposing or offering for sale of any article (including a living thing) in a street.

    Schedule 4, Paragraph 10.1.a states;
    * A person who [...] engages in street trading in a prohibited street [...] shall be guilty of an offence.

    Schedule 4, Paragraph 10.4 states;
    * A person guilty of an offence under this paragraph shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale. [GLEEB'S NOTE: Maximum fine is £1,000]


    The basics that would apply to the cart being out on any other street are as follows;

    Schedule 1, Paragraph 1 states;
    * In this Schedule [...] “street trading” means, subject to sub-paragraph (2) below, the selling or exposing or offering for sale of any article (including a living thing) in a street.

    Schedule 4, Paragraph 10.1.d states;
    * A person who [...] being authorised by a street trading consent to trade in a consent street, trades in that street [...] from a stationary van, cart, barrow or other vehicle; or [...] from a portable stall without first having been granted permission to do so under paragraph 7(8) above [...] shall be guilty of an offence.

    Schedule 4, Paragraph 7.8 states;
    * The council may include in a street trading consent permission for its holder to trade in a consent street [...] from a stationary van, cart, barrow or other vehicle; or [...] from a portable stall. [GLEEB'S NOTE: I believe the cart falls under this definition]

    Schedule 4, Paragraph 10.4 states;
    * A person guilty of an offence under this paragraph shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale. [GLEEB'S NOTE: Maximum fine is £1,000]


    So, make sure you make a note of the information I've given here, and try the following when you see the cart;

    * If you can, contact any anonymous you are aware of. My e-mail is [REDACTED]. Contact me, and I will contact out strike team.

    * Attract the attention of a Council Street Warden and ask them about the cart in relation to the above information. EXAMPLE: Say to the Street Warden "I believe that the Dianetics cart is engaged in Street Trading in a Prohibited Street. Are you able to take appropriate action to stop this?"

    * If this fails, call [REDACTED] or [REDACTED], asking to speak to a Compliance Officer regarding Street Trading. Should there be no-one available, [REDACTED] has been made aware of the issue and can also be contacted on those numbers.

    * As a last resort, you can involve the Police. This street trading is illegal, and the Police are paid to enforce the law.

    PLEASE REMEMBER TO DOCUMENT AS MUCH AS YOU CAN
  2. anonymous1312 Member

    Re: [UK] Laws Regarding Stress Test Cart

    The issue that local councils have at the moment is that pedlars are exempt from street trading license requirements. Pedlars however must keep moving and be stopped by people to buy, they must not set up a stall and tout for business.

    To me it is clear cut, stress test cart is not peddling so can be prosecuted for illegal street trading but councils insist it is more complex because they can only prosecute one person at a time and have to warn them. When they have a pedlars license they also have to show they are not acting as pedlars.

    The various councils have however got together and come up with some guidelines. Pedlars must not have a cart bigger than 1 meter (cubed, squared I don't know). Pedlars must not stop for more than 15 mins at a time.

    Frankly I think most of them (and this is most councils around the country) are making far too much of an issue and should find prosecution easy. Anyhow thanks to some wangling laws are going to be changed which will better address the issue, but don't hold your breath. Meanwhile keep pointing out the legal powers the council do have to the council and keep making complaints.

    Good work Gleeb, thanks for bringing this all together so concisely.
  3. An0nand0n Member

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