1 The holder of this Consent (which expression where
appropriate includes joint holders of this Consent) and any person
employed by him to assist him in his trading shall produce it, on
demand when so required by a Police Officer or a duly authorised
officer of the Bath and North East Somerset Council.
2 The holder shall return this Consent to the Bath and
North East Somerset Council immediately on revocation or surrender
of the Consent.
3 The holder shall not trade otherwise than strictly in
accordance with this Consent.
4 The holder shall notify the Head of Environmental and
Consumer Services at Bath and North East Somerset Council, 9/10
Bath Street, Bath, BA1 1SN immediately of any convictions or
proceedings arising out of the use or enjoyment by the holder of
this Consent.
5 The holder shall not cause any obstruction of the street
or danger to persons using it and shall not permit persons to
gather around him or any van, cart, barrow, other vehicle or stall
included in this Consent so as to cause a nuisance or annoyance or
danger to any persons lawfully using the street and shall not park
any such van etc on the footway or verge of the street.
6 The holder shall not use or suffer or permit any music
playing, music re-producing or sound amplification apparatus or any
musical instruments radio or television receiving sets whilst
trading under this Consent, save as varied by a special condition
of this Consent.
7 The holder shall not place on the street or affix to any
equipment placed on the street any advertising material of any
description whatsoever except with the previous consent in writing
of the Head of Environmental and Consumer Services for the time
being of the Council.
8 The holder shall not make any excavations or
indentations of any description whatsoever in the surface of the
street or place or fix any equipment of any description in the said
surface.
9 The holder shall not use the street for any trading
purpose other than the purpose as permitted by the Consent and then
only during the permitted hours.
10 The holder shall not place on the street any furniture
or equipment other than as permitted by the Consent and he must
maintain the same in a clean and tidy condition and not place them
so as to obstruct the entrance to or exit from any premises.
11 The holder shall not do or suffer anything to be done
in or on the street which in the opinion of the Council may be or
become a danger nuisance or annoyance to or cause damage or
inconvenience to the Council or to the owners or occupiers of any
adjacent or neighbouring premises or to members of the public.
12 The holder shall not assign underlet or part with his
interest or possession under this Consent or any part thereof but
he may surrender it at any time.
13 The holder shall observe and comply with any directions
in relation to the use of the street given by the Head of
Environmental and Consumer Services or the Director of Property and
Engineering Services for the time being of the Council.
14 The holder shall keep his trading position and the
immediately adjacent area in a clean and tidy condition during the
permitted hours and also leave the same in a clean and tidy
condition and unobstructed at the end of each daily period of use
under the terms of this Consent.
15 The holder shall provide at his own cost and expense
litter-bins or similar receptacles for the deposit of cartons
wrappings containers and similar discarded items if required by the
Head of Environmental and Consumer Services, and remove them and
their contents at the end of each daily period of use under this
Consent.
16 The holder shall retain with any van, cart, barrow,
other vehicle or stall included within this Consent any water used
or waste produced until the end of each daily period of use under
this Consent and then remove it and dispose of it elsewhere, and in
particular shall not deposit any such waste near or into any street
drain or channel.
17 The holder shall indemnify and save harmless the
Council and their agents, servants and workmen from and against all
proceedings damages claims or expenses in respect of an injury
(including personal injury) which may be sustained by the Council
or any person or persons body or company whatever arising out of or
in any way connected with his trading and the provision of
facilities under this Consent.
18 This Consent may be revoked by the Council at any time
and the Council shall not in any circumstances whatsoever be liable
to pay any compensation to the holder in respect of such
revocation.
19 The Consent holder or any person employed by him to
assist him in his trading shall at all times wear the
identification badge issued by Bath & North East Somerset
Council whilst trading from the pitch. The badge shall be worn in a
conspicuous position on the upper body.
20 The holder shall return the identification badge(s) to
the Bath and North East Somerset Council immediately on revocation
or surrender of the Consent.
21 All street trading fees are due quarterly in advance on
1 January, 1 April, 1 July and 1 October each year.
Notes:
1 Street trading in a consent street without a Street
Trading Consent, or from a van, cart etc, not specifically
permitted by a Consent, or contravening certain conditions attached
to a Consent, amounts to an offence for which proceedings may be
instituted.
2 A Street Trading Consent does not confer immunity from
the provisions of any Street Parking Places Order or General
Traffic Restriction Order. In case of doubt about the effect of any
such Order, enquire at the Environmental and Consumer Services,
9/10 Bath Street, Bath, BA1 1SN
3 The Local Government (Miscellaneous Provisions) Act 1982
provides as follows:
Schedule 4, paragraph 10
1 A person who:
b) engages in street trading in a consent street without
being authorised to do so under this Schedule: or
d) being authorised by a street trading consent to trade
in a consent street, trades in that street:
i) from a stationary van, cart, barrow
or other vehicle; or
ii) from a portable stall,
without first having been granted permission to do so under
paragraph 7 (8) (of this Schedule); or
e) contravenes a condition imposed under paragraph 7 (9)
(of this Schedule),
shall be guilty of an offence.
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2 It shall be a defence for a person charged with an
offence under sub-paragraph (1) above to prove that he took all
reasonable precautions and exercised all due diligence to avoid
commission of the offence.
3 Any person who, in connection with an application for a
street trading consent, makes a false statement which he knows to
be false in any material respect, or which he does not believe to
be true, shall be guilty of an offence.
4 A person guilty of an offence under this paragraph shall
be liable on summary conviction to a fine.