County of Merseyside Act 1980

Cited as:1980 c. x
Jurisdiction:UK Non-devolved


County of Merseyside Act 1980

1980 c. x

Preamble not available

[31st January 1980]

County of Mersey side Act 1980 27 (b) if there are reasonable grounds to suspect that any thing Part VI stolen or unlawfully obtained may be found in or on -*ont. any vehicle or vessel, enter upon and search the vehicle or vessel. (2) This section shall cease to have effect on 31st December 1984. 34.(1) As from the appointed day in any district, a person Dealers in shall not in the district carry on the business of a dealer in second-hand second-hand goods unless he is registered by the district council80ods-under this section or exempted from registration by, or by virtue of, subsection (7) below. On application for registration under this section the district council shall register the applicant and issue to the applicant a certificate of registration. Every person registered under this section shall, as respects every transaction under which he acquires any articles in the course of his business, enter, in a book kept by him for that purpose, the date of the transaction, the quantity and description of the articles and the name and address of the person from whom the articles were acquired. If any person contravenes subsection (1) or (3) above, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding £200. The occupier of any premises used by a person registered under this section for the purposes of the business in respect of which he is so registered shall keep a copy of the certificate of registration displayed in the premises, and, if without reasonable excuse he fails to do so, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding £50 and to a daily fine not exceeding £5. A police constable may at all reasonable times enter upon, inspect and examine any premises which he has reasonable cause to believe are used for or in connection with the business of a dealer in second-hand goods and any book kept in accordance with subsection (3) above, and may do all such things as are reasonably necessary for the purpose of ascertaining whether (here is, or has been, in or in connection with the premises, a Jontravention of the provisions of this section. (7) This section shall not apply to la) any person engaged in a business carried on by a group, organisation or body which is registered as a chanty 28 c. x County of Merseyside Act 1980 Part VI under section 4 of the Charities Act I960 or excepted cont. from registration by virtue of subsection (4) of that 1960c. 58. section; or (b) a person in respect of whom particulars are registered 1964 c. 69. under the Scrap Metal Dealers Act 1964 in respect of his business as a scrap metal dealer; or (c) a person engaged in business as a dealer in waste paper, cardboard, textiles or plastics in bulk in respect of his business as such; or (d) the holder of a licence issued under section 22 of the 1974 c. 39. Consumer Credit Act 1974, in respect of activities covered by the licence or a person who does not need such a licence by virtue of section 21 of that Act; or (e) a person engaged in the business either of financing the acquisition of goods by means of hire purchase agreements, conditional sale agreements or credit sale agreements (as defined in section 189 (1) of the said Act of 1974) or of financing the use of goods by means of bailment agreements, in respect of any such business or any transaction incidental thereto; or (f) a person engaged in a business of which the primary purpose is the supply of new unused goods and to which the supply of second-hand or used goods is merely incidental; and for the purposes of this section a person is not to be treated as carrying on the business of a dealer in second-hand goods merely because occasionally he enters into transactions belonging to a business of that sort. Touting, 35.(1) A district council may designate, in accordance with hawking, subsection (5) below, any of the following places, or any part of photographing, snc^ p]aceS) jn the district as places to which this section applies for any of the purposes of subsection (2) below: (a) a public off-street car park, recreation ground, garden or other park, pleasure ground or open space under the management and control of a local authority; (b) a street or esplanade, parade, promenade, marine drive or way to which the public commonly have access, whether or not as of right; (c) the seashore: Provided that the district council shall not designate (i) for the purpose of subsection (2) (b) below, any street which is a licensed traders' street or a prohibited street County of Merseyside Act 1980 c. x under Part VII (Street trading) of this Act or any highway specified in a control order under section 7 of the Act of 1976; or (ii) for the purpose of subsection (2) (c) (ii) below, any street. (2) Any person who, in a place designated under this section (a) importunes any person by touting for a hotel, lodging house, restaurant or other place of refreshment, for a shop, for a theatre or other place of amusement or recreation, for a hackney carriage, public service vehicle or other conveyance, or for a ship or boat; or without the consent of the district council, or in breach of any condition subject to which the council's consent is given, hawks, sells or offers or exposes for sale any thing; or without the consent of the district council, or in breach of any condition subject to which the council's consent is given (i) photographs any person by way of trade or business; or (ii) offers or exposes for hire any vehicle, chair or seat or any animal to ride; shall be guilty of an offence and liable on summary conviction to a fine not exceeding £200. The conditions of consent referred to in subsection (2) (b) and (c) above include conditions as to the times or period for which the consent is valid and the payment for the consent of such reasonable fee to cover the expense of the district council in dealing with applications for such consents as the council may by resolution prescribe; and, subject to any condition as to the period for which the consent is valid, any such consent may be revoked by notice to the person to whom the consent was given. A person aggrieved by (a) the withholding by the district council of consent referred to in subsection (2) (b) or (c) above; (b) the conditions subject to which the council give such consent; or (c) the revocation of such consent under subsection (3) above; may appeal to a magistrates' court which may dismiss or allow the appeal or may vary any conditions imposed by the council 30 c. x County of Merseyside Act 1980 Part VI (5) (a) Before designating any place for any of the purposes cont, of subsection (2) above the district council shall give notice of their proposal by advertisement in a newspaper circulating in the district, and by posting it in the places to which it relates, stating that objections to the proposal may be made to the proper officer of the council within a time, not less than 28 days after the giving of the notice, specified in the notice. (b) After taking into consideration any objections made in accordance with paragraph (a) above, the district council may by resolution designate, as places to which this section applies for any of the purposes of subsection (2) above, all or any, or any part, of the places specified in the notice given under that paragraph. A resolution under subsection (5) (b) above shall come into force on such day as shall be specified by a notice given in the same manner as a notice given under subsection (5) (a) above, being a day not less than 28 days after the day on which notice is given under this subsection. This section shall not prohibit (a) the doing of anything on land by the owner or occupier of the land, or by any person with the consent of the owner or occupier, or the doing of anything on land forming part of a highway by the owner or occupier of land fronting that part; (b) the selling or offering or exposing for sale of any thing to persons on premises fronting on, or adjacent to, a place designated under this section, whether on those premises or in that part of any highway on which the premises front or to which they are adjacent; (c) the owner or operator of a public service vehicle from touting for passengers for that vehicle at any bus station; (d) the taking of a photograph for the purpose of making it available for publication in a newspaper or periodical if the photographer is employed as such by, or on behalf of, the owner or publisher of a newspaper or periodical, or carries on a business which consists in, or includes, selling or supplying photographs for such publication; and the district council shall not withhold their consent under subsection (2) (b) above to the selling or offering or exposing for sale by any person of newspapers and periodicals except on the ground that their consent has already been given to a sufficient number of other persons. (8) Before giving consent under this section to the hawking, selling or offering or exposing for sale of any thing in a highway, the district council shall consult the highway authority. County of Merseyside Act 1980 c. x 31 Part VII Street trading 36.(1) This Part shall apply in any district as from the Application, appointed day. designation of streets (2) For the purpose of controlling street trading in the district interpretation the district council may, by resolution passed in accordance with of Part VII. this Part, designate any street in the district (a) as a prohibited street, that is to say, a street in which street trading is unlawful; or (b) as a licensed traders' street, that is to say, a street in which street trading is unlawful except by a person holding a street trader's licence granted to him under this Part. A designation made under subsection (2) above may be varied or rescinded by resolution and the provisions of this Part shall apply to any such...

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