The London Underground (Victoria Station Upgrade) Order 2009

Street traders

35.—(1) Where the Company considers that the carrying on within any part of a street within the Order limits by the holder of a street trading licence of the trading permitted by that licence would prevent or materially impede the construction or maintenance of the scheduled works, the Company may—

(a)revoke that licence if it only permits trading in a part of a street in which the authorised works are to take place; or

(b)with the consent of the Council, vary the conditions on which that licence is granted and any standard conditions imposed under section 10 (standard conditions) of the 1999 Act.

(2) The conditions on which that licence is granted and any standard conditions imposed under section 10 of the 1999 Act may be varied by the Company under paragraph (1) so that the licence permits trading in a street or part of a street beyond the areas in which the authorised works are to take place.

(3) The Company shall serve written notice of any such revocation or variation on the licence-holder in question not less than 28 days before the revocation or variation is to take effect.

(4) Where the Company revokes a street trading licence under this article, the Council may remit or refund, as it considers appropriate, the whole or a part of—

(a)any fee paid for the grant or variation of the licence; or

(b)any charges made by the Council under section 22 (fees and charges) of the 1999 Act.

(5) No legal proceedings whatever may be taken against the Council in relation to any consent given under paragraph (1)(b) except where the Council has acted negligently in giving that consent.

(6) The Company shall pay compensation to any person who suffers any loss or damage from the exercise of the powers conferred by paragraph (1) and in assessing the amount of any such compensation there shall be taken into account any money paid to that person pursuant to paragraph (4).

(7) Any dispute as to a person’s entitlement to compensation under paragraph (6), or as to the amount of the compensation, shall be determined under Part 1 of the 1961 Act.

(8) In this article—

“the 1999 Act” means the City of Westminster Act 1999(1);

“the Council” means Westminster City Council in relation to a street trading licence applying to its area, and includes the Council’s employees, agents and contractors; and

“street trading licence” means a licence to trade in a street granted to any person by the Council pursuant to section 9 (street trading licences) of the 1999 Act and includes a temporary licence granted pursuant to section 21 (temporary licences) of that Act.