Street Trading Appeals
Under Section 30 (11) of the London Local Authorities Act 1990, appeals against certain decisions by London Local Authorities can be heard by the Secretary of State.
Under Section 19 of the City of Westminster Act 1999, appeals against decisions by the City of Westminster can also be heard by the Secretary of State.
- Appeals to the Secretary of State (SoS) can be heard by a senior official on behalf of the SoS. The appellant (the aggrieved party) and the respondent (the Local Authority) may submit arguments and evidence in writing, and they may also have the opportunity to argue their case at an oral hearing.
- There is no requirement to conduct oral hearing, if there sufficient information exists in writing which would allow the SoS, or his appointed official, to make a sound decision in relation to the appeal.
- 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 contested 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 believed the fees and charges in question fell outside the provisions of section 32(1)( and (2) of the London Local Authorities Act 1990. Following full consideration of the evidence supplied by both parties a decision has been reached by the Secretary of State and the appeal has been rejected.
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 were contesting the Council’s determination of street cleansing charges for the period 2008/09 - which they believed fell outside the provisions of Section 32 (1) (2) (a) of the London Local Authorities Act 1990.
Following consideration of the evidence supplied by both parties a decision has been reached by the Secretary of State and the appeal has been rejected.
NOTICE
Appeal to the Secretary of State against the Westminster City Council under Section 19 (1) (a) of the City of Westminster Act 1999
The Secretary of State received an appeal from the West End Street Traders Association (“WESTA”). This Association represents a number of street trading licence holders in respect of isolated pitches in the area of the City of Westminster.
In this case the appeal to the Secretary of State is made under section 19 (1) (a) and concerns the council’s decision to rescind the resolution designating part of Cranbourn Street, Leicester Square London as a licence street.
The council is entitled to designate a pitch for licensed street trading under Section 5 (1) (a) of the Act and to rescind the designation under section 5 (2).
The appeal is against the authority’s decision to de-designate the pitch in question.
An Oral Hearing has been granted by the Secretary of State
An oral hearing has been granted to hear the case against Westminster City Council’s decision to rescind the designation resolution. The hearing will be held on Tuesday 20 September 2011 between 2pm until 4.30pm at the:
Asylum and Immigration Tribunal
Field House,
15 Breams Buildings,
London EC4A1DZ
THIS HEARING IS OPEN TO THE PUBLIC
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.
