London Local Authorities Act 1996 Part I Preliminary Citation and commencement 1 1 This Act may be cited as the London Local Authorities Act 1996 and except where otherwise provided shall come into operation at the end of the period of two months beginning with the date on which it is passed. 2 The London Local Authorities Act 1990, the London Local Authorities (No. 2) Act 1990, the London Local Authorities Act 1991, the London Local Authorities Act 1994, the London Local Authorities Act 1995 and this Act may together be cited as the London Local Authorities Acts 1990 to 1996. Interpretation 2 In this Act, except as otherwise expressly provided or unless the context otherwise requires— “authorised officer” means an officer of a borough council authorised by the council in writing to act in relation to the relevant provision of this Act; “borough council” means London borough council and includes the Common Council of the City of London; and “borough” and “council” shall be construed accordingly. Part II Bus lanes Interpretation of Part II 3 1 In this Part of this Act— “the Act of 1991” means the Road Traffic Act 1991; “bus lane” has the meaning given in regulation 23 of the Traffic Signs Regulations 1994 and any regulation amending or revoking and re-enacting that regulation; “bus lane offence” means an offence under section 8, 11 or 13 of the Road Traffic Regulation Act 1984 or section 36 of the Road Traffic Act 1988 which relates to the contravention of or failure to comply with an order or traffic sign in so far as it makes provision for or indicates a reservation of all or part of a carriageway of a road as a bus lane; “Joint Committee” means the Joint Committee established under section 73 of the Act of 1991; “prescribed device” means a device prescribed under section 20(9) of the Road Traffic Offenders Act 1988 or a device of a description specified in regulations made for the purposes of this section by the Secretary of State; “road” has the same meaning as in section 142(1) of the Road Traffic Regulation Act 1984; “vehicle” means a mechanically propelled vehicle intended or adapted for use on roads. 2 For the purposes of this Part of and Schedule 1 to this Act, the owner of a vehicle shall be taken to be the person by whom the vehicle is kept. 3 In determining, for the purposes of this Part of and Schedule 1 to this Act, who was the owner of a vehicle at any time, it shall be presumed that the owner was the person in whose name the vehicle was at that time registered under the Vehicle Excise and Registration Act 1994. Penalty charge notices under Part II 4 1 Where a council, on the basis of information provided by the use of a prescribed device, has reason to believe that a penalty charge is payable under this Part of this Act with respect to a vehicle, they may serve a penalty charge notice on the person appearing to them to be the owner of the vehicle. 2 For the purposes of this Part of this Act, a penalty charge is payable to a borough council with respect to a vehicle if the person in charge of the vehicle acts in contravention of or fails to comply with an order under section 6 or 9 or regulations under section 12 of the Road Traffic Regulation Act 1984 in so far as provision is made thereby for the reservation of all or part of a carriageway of a road as a bus lane. 3 A penalty charge notice under this Part of this Act must state— a the grounds on which the council believe that the penalty charge is payable with respect to the vehicle; b the amount of the penalty charge which is payable; c that the penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice; d that if the penalty charge is paid before the end of the period of 14 days beginning with the date of the notice, the amount of the penalty charge will be reduced by the specified proportion; e that, if the penalty charge is not paid before the end of the 28 day period, an enforcement notice may be served by the council on the person appearing to them to be the owner of the vehicle; f the address to which payment of the penalty charge must be sent; and g the effect of paragraph 2 of Schedule 1 to this Act. 4 In subsection (3)(d) above, “specified proportion” means such proportion, applicable in all cases, as may be determined for the purposes of this section by the borough councils acting through the Joint Committee. Exemption of fire brigade, ambulance and police vehicles under Part II 5 No provision in this Part of this Act shall apply to any vehicle on an occasion when it is being used for fire brigade, ambulance or police purposes. Enforcement notices, etc., under Part II 6 1 Schedule 1 to this Act shall have effect with respect to penalty charges under this Part of this Act, enforcement notices and other matters supplementary to the provisions of this Part of this Act; and the functions of traffic adjudicators under that Schedule shall be discharged by the persons who are appointed as parking adjudicators under section 73 of the Act of 1991. 2 Regulations under section 73(11) of the Act of 1991 (provision as to procedure to be followed in relation to proceedings before parking adjudicators) may make provision with respect to proceedings before parking adjudicators when exercising the functions of traffic adjudicators; and any regulations under that subsection in force at the coming into operation of this Part of this Act shall, with any necessary modifications, apply in relation to such proceedings. 3 The references to a parking adjudicator or parking adjudicators in section 73(13) to (15) and (17) and (18) of the Act of 1991 shall include references to a parking adjudicator or parking adjudicators exercising the functions of traffic adjudicators but section 73(15) of that Act shall not apply to a penalty charge under this Part of this Act which remains payable following an adjudication under paragraph 6 of Schedule 1 to this Act. Financial provisions under Part II 7 Schedule 2 to this Act shall have effect with respect to financial provisions relating to the provisions of this Part of this Act. Fixing of penalty charges 8 Section 74 of the Act of 1991 shall, with the omission of subsection (3), apply in relation to the levels of penalty charges under this Part of this Act as it applies in relation to the levels of (among other charges) penalty charges under Part II of that Act. Penalty charge not payable in certain cases 9 No penalty charge shall be payable under this Part of this Act in respect of any conduct where— a a notice is given to the driver under section 54(2) or (4) of the Road Traffic Offenders Act 1988 in respect of a bus lane offence constituted by that conduct; or b notification of an intention to prosecute the driver in respect of such an offence is given by the Commissioner of Police of the Metropolis or of the City of London to the council of the borough in which the alleged offence took place before the expiry of the period of 14 days, beginning with the day on which the alleged offence takes place. Part III Occasional sales Meaning of “occasional sale” 10 In this Part of this Act “occasional sale” means a concourse of buyers and sellers of articles held otherwise than on a highway or in a building (except a car park) and comprising not less than five stalls, stands, vehicles (whether movable or not) or pitches from which articles are sold, but does not include— a a market or fair the right to hold which was acquired by virtue of a grant (including a presumed grant) or acquired or established by statute; b a sale by auction of farm livestock or deadstock; c sales of a class which from time to time is by resolution of the borough council excluded from the operation of this Part of this Act; d a market held in accordance with a planning permission granted under section 58(1)(b) of the Town and Country Planning Act 1990 (which provides for the granting of planning permission) or under a similar provision of a predecessor to that Act; or e a market the holding of which commenced before 1st July 1948 and has continued without extinguishment. Application of Part III 11 1 This Part of this Act applies to a borough as from such day as may be fixed in relation to that borough by resolution of the borough council, subject to and in accordance with the provisions of this section. 2 The borough council shall cause to be published in a local newspaper circulating in the borough notice— a of the passing of any such resolution and of a day fixed thereby; and b of the general effect of the provisions of this Part of this Act; and the day so fixed shall not be earlier than the expiration of three months from the publication of the said notice. 3 Either a photostatic or other reproduction certified by the officer appointed for that purpose by the borough council to be a true reproduction of a page or part of a page of any such newspaper bearing the date of its publication and containing any such notice shall be evidence of the publication of the notice, and of the date of publication. Licensing of occasional sales 12 1 Subject to the provisions of this Part of this Act it shall be unlawful for any person to hold an occasional sale within a borough unless that person is authorised to do so by a licence under this Part of this Act. 2 No licence under this Part of this Act is required if the proceeds of the occasional sale are to be applied solely or principally for charitable, social, sporting, religious or political purposes. 3 A person holds an occasional sale for the purposes of this Part of this Act if— a he receives or is entitled to receive payment for any space or pitch hired or let on the site of the sale to persons wishing to trade at the sale; or b as a person promoting the sale, or as the agent, licensee or assignee of a person promoting the sale, he receives or is entitled to receive payment from persons trading at the sale for goods sold or services rendered to persons attending the sale. Application for licence 13 1 An application for a licence under this Part of this Act shall be made in writing to the borough council, not later than 42 days before the date on which the occasional sale is to be held: Provided that nothing in this section shall prevent a borough council from granting a licence, notwithstanding that application has been made at a later date than aforesaid if they consider it reasonable in the circumstances so to do. 2 An application made under this section shall be in writing and shall specify— a the proposed date and time of commencement, expected duration and location of the intended occasional sale; b the extent of the premises to be occupied or used for the purposes of the sale; c the name and address (other than an address temporarily occupied for the purposes of the sale) of the person who proposes to hold the occasional sale, and the name and address of a person appointed to receive and answer complaints about the occasional sale; d an estimate of the number of persons expected to attend the occasional sale; e the arrangements proposed for accommodating vehicles of persons attending the occasional sale; f the arrangements proposed for controlling road congestion, litter and noise. 3 An applicant for the grant of a licence under this Part of this Act shall pay a reasonable fee determined by the borough council. Grant of licence 14 1 The borough council may grant a licence under this Part of this Act, and in granting a licence may impose reasonable conditions relating to— a the time of commencement of the occasional sale; b the duration of the occasional sale; c the arrangements to be made for accommodating the vehicles of persons attending the occasional sale; d the arrangements to be made for controlling road congestion, litter and noise caused by the occasional sale; e a requirement that the names and addresses of persons selling articles at the occasional sale are publicly displayed. 2 If the borough council have not refused to grant a licence within 21 days of the receipt by them of an application duly made for a licence under subsection (1) of section 13 (Application for licence) of this Act, they shall be deemed to have granted a licence for an occasional sale in accordance with the details specified in the application. 3 The borough council shall grant an application for a licence under this Part of this Act unless they consider that the application ought to be refused on one or more of the grounds specified in subsection (4) below. 4 The borough council may refuse an application on any of the following grounds:— a that inadequate arrangements have been proposed for accommodating the vehicles of persons attending the occasional sale; b that inadequate arrangements have been proposed for controlling road congestion, litter or noise caused by the occasional sale; or c that the applicant has been granted a licence by any borough council for an occasional sale within three years before the date of the application and failed to comply with conditions imposed in relation to that licence. Part III appeals 15 1 If the borough council refuse to grant a licence under this Part of this Act they shall notify the applicant in writing— a of their decision and of the ground or grounds for such refusal; and b of his rights of appeal specified in this section. 2 Any person aggrieved— a by the refusal of a borough council to grant a licence; or b by a condition imposed by a borough council under subsection (1) of section 14 (Grant of licence) of this Act; may appeal to a magistrates' court acting for the area in which the proposed occasional sale is to be held. 3 A person desiring to appeal against such refusal or condition shall give a written notice to the magistrates' court and to the borough council specifying the refusal or condition against which he wishes to appeal and the grounds upon which such appeal is made. 4 On an appeal to the magistrates' court under this section, the court may make such order as it thinks fit and it shall be the duty of the borough council to give effect to the order. Display of names, etc 16 1 Any person who holds an occasional sale shall display his full name and business address and the full name and business address of the person appointed to receive and answer complaints about the occasional sale in a prominent position at the place where the sale is held. 2 Any person who holds an occasional sale shall display on all notices, leaflets and posters given, distributed or exhibited by him or on his behalf in connection with the sale the full name and business address of— a himself; and b the person appointed to receive and answer complaints about the occasional sale. Powers of entry 17 An authorised officer on producing if so required a duly authenticated document showing his authority, or any constable, may enter and inspect any premises if he has reasonable cause to believe that they are being, have been or are intended to be, used for or in connection with an occasional sale for the purpose of ascertaining whether there is or has been or is intended to be a contravention of this Part of this Act in, or in connection with, the premises. Enforcement 18 1 Any person who contravenes section 12 (Licensing of occasional sales) of this Act shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale. 2 Any person who contravenes a condition imposed under section 14 (Grant of licence) of this Act shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale. 3 Any person who without reasonable excuse contravenes section 16 (Display of names, etc.) of this Act shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale. Restriction on right to prosecute 19 The written consent of the Director of Public Prosecutions is needed for the laying of an information of an offence created by this Part of this Act by any person other than an authorised officer or a constable. Part IV Fire safety and entertainment licensing Music and dancing, sports, boxing and wrestling licences 20 Schedule 12 to the London Government Act 1963 shall be amended as follows:— 1 In paragraph 1(4), “occasional music licence” shall be substituted by the words “occasional licence”. 2 For paragraph 2 there shall be substituted the following paragraph:— 2 1 An applicant for the grant, renewal or transfer of a licence under paragraph 1 or the variation of such a licence under paragraph 18 of this Schedule shall, not later than the day the application is made, send a copy of the application to the Commissioner of Police in whose area the premises are situated (in this Schedule referred to as “the Commissioner”) and to the London Fire and Civil Defence Authority (in this Schedule referred to as “the fire authority”) and, subject to sub-paragraph (2) below, no such application shall be considered by the Council unless the applicant complies with this sub-paragraph. 2 Where an application for the grant, renewal, transfer or variation of a licence has been made and the applicant has failed to send a copy of the application in accordance with the requirement of sub-paragraph (1) above the Council may, in such cases as they think fit and after duly consulting with the party who was not supplied with a copy of the said application, waive such a requirement. 3 In considering any such application the Council shall have regard to any observations submitted to them by the Commissioner and the fire authority within twenty-eight days of the making of the application and may have regard to any observation submitted by them thereafter. 4 An applicant for any such grant, renewal, transfer or variation of a licence shall furnish such particulars and give such other notices, including the public advertisement of the application, as the Council may by regulation prescribe. 5 Save where a shorter period is agreed by the Council, an applicant for the grant of an occasional licence shall make such application not less than twenty-eight days in advance of the occasion for which the occasional licence is sought and shall send a copy of the application to the Commissioner and to the fire authority. 6 Regulations under sub-paragraph (4) above may prescribe the procedure for determining applications. . 3 For paragraph 3B there shall be substituted the following paragraph:— 3B 1 An applicant for the grant, renewal or transfer of a licence under paragraph 3A or the variation of such a licence under paragraph 18 of this Schedule shall, not later than the day the application is made, send a copy of the application to the Commissioner and to the fire authority and, subject to sub-paragraph (2) below, no such application shall be considered by the Council unless the applicant complies with this sub-paragraph. 2 Where an application for the grant, renewal, transfer or variation of a licence has been made and the applicant has failed to send a copy of the application in accordance with the requirement of sub-paragraph (1) above the Council may, in such cases as they think fit and after duly consulting with the party who was not supplied with a copy of the said application, waive such a requirement. 3 In considering any such application the Council shall have regard to any observations submitted to them by the Commissioner and the fire authority within twenty-eight days of the making of the application and may have regard to any observation submitted by them thereafter. 4 An applicant for any such grant, renewal, transfer or variation of a licence shall furnish such particulars and give such other notices, including the public advertisement of the application, as the Council may by regulation prescribe. 5 Regulations under sub-paragraph (4) above may prescribe the procedure for determining applications. . 4 For paragraph 5 there shall be substituted the following paragraph:— 5 1 An applicant for the grant, renewal, transfer or variation of a licence under paragraph 4 or the variation of such a licence under paragraph 18 of this Schedule shall not later than the day the application is made send a copy of the application to the Commissioner and to the fire authority and, subject to sub-paragraph (2) below, no such application shall be considered by the Council unless the applicant complies with this sub-paragraph. 2 Where an application for the grant, renewal, transfer or variation of a licence has been made and the applicant has failed to send a copy of the application in accordance with the requirement of sub-paragraph (1) above the Council may, in such cases as they think fit and after duly consulting with the party who was not supplied with a copy of the said application, waive such a requirement. 3 In considering any such application the Council shall have regard to any observations submitted to them by the Commissioner and the fire authority within twenty-eight days of the making of the application and may have regard to any observation submitted by them thereafter. 4 An applicant for any such grant, renewal, transfer or variation of a licence shall furnish such particulars and give such other notices, including the public advertisement of the application, as the Council may by regulation prescribe. 5 Regulations under sub-paragraph (4) above may prescribe the procedure for determining applications. . Private places of entertainment 21 Section 3 of the Private Places of Entertainment (Licensing) Act 1967 shall apply to a borough as though— a in subsection (1), after “inspection of the premises” there were inserted “including securing entry and inspection by an authorised officer of the fire authority”; and b after subsection (4) the following subsections were inserted:— 5 The person making an application for any such grant, renewal, transfer or variation of a licence shall not later than the day the application is made send a copy of the application to the Commissioner of Police in whose area the premises are situated (in this section referred to as “the Commissioner”) and to the London Fire and Civil Defence Authority (in this section referred to as the “fire authority”) and, subject to subsection (6) below, no such application shall be considered by the licensing authority unless the applicant complies with this subsection. 6 Where an application for the grant, renewal, transfer or variation of a licence has been made and the applicant has failed to send a copy of the application in accordance with the requirement of sub-paragraph (1) above the Council may, in such cases as they think fit and after duly consulting with the party who was not supplied with a copy of the said application, waive such a requirement. 7 In considering any such application the licensing authority shall have regard to any observations submitted to them by the Commissioner and the fire authority within twenty-eight days of the making of the application and may have regard to any observation submitted by them thereafter. 8 An applicant for any such grant, renewal, transfer or variation of a licence shall furnish such particulars and give such other notices, including the public advertisement of the application, as the licensing authority may by regulation prescribe. 9 Regulations under subsection (8) above may prescribe the procedure for determining applications. . Theatres 22 Schedule 1 to the Theatres Act 1968 shall apply in relation to applications for the grant, renewal, transfer or variation of licences in respect of premises within a borough as though the following paragraph were substituted for paragraph 2 of that Schedule:— 2 1 An applicant for the grant, renewal, transfer or variation of a licence under this Act in respect of any premises shall not later than the day the application is made send a copy of the application to the Commissioner of Police in whose area the premises are situated (in this paragraph referred to as “the Commissioner”) and to the London Fire and Civil Defence Authority (in this paragraph referred to as “the fire authority”) and, subject to sub-paragraph (2) below, no such application shall be considered by the licensing authority unless the applicant complies with this sub-paragraph. 2 Where an application for any such grant, renewal, transfer or variation of a licence has been made and the applicant has failed to send a copy of the application in accordance with the requirement of sub-paragraph (1) above the licensing authority may, in such cases as they think fit and after duly consulting with the party who was not supplied with a copy of the said application, waive such a requirement. 3 In considering any such application the licensing authority shall have regard to any observations submitted to them by the Commissioner and the fire authority within twenty-eight days of the making of the application and may have regard to any observation submitted by them thereafter. 4 An applicant for any such grant, renewal, transfer or variation of a licence shall furnish such particulars and give such other notices, including the public advertisement of the application, as the licensing authority may by regulation prescribe. 5 Regulations under sub-paragraph (4) above may prescribe the procedure for determining applications. . Night cafes 23 Section 17 (1) (a) (Powers of entry) of the London Local Authorities Act 1990 shall be amended by the addition after “authorised officer” of the words “or officer of the fire authority, authorised by the fire authority in writing to act in relation to this Part of this Act”. Part V Miscellaneous Application of Environmental Protection Act 1990 24 The Environmental Protection Act 1990 shall have effect in a borough as though— 1 in section 79 (which relates to statutory nuisances and inspections therefor)— a in subsection (1), after paragraph ( ga ) there were inserted the following paragraph:— gb smoke, fumes or gases emitted from any vehicle, machinery or equipment on a street so as to be prejudicial to health or a nuisance other than from any vehicle, machinery or equipment being used for fire brigade purposes; ; b after subsection (6A) there were inserted the following subsection:— 6B Subsection (l) ( gb ) above does not apply in relation to smoke, fumes or gases emitted from the exhaust system of a vehicle. ; and c in subsection (7), after the definition of “street” there were inserted— “vehicle” means a mechanically propelled vehicleintended or adapted for use on roads, whether or not it is in a fit state for such use, and includes any trailer intended or adapted for use as an attachment to such a vehicle, any chassis or body, with or without wheels, appearing to have formed part of such a vehicle or trailer and anything attached to such a vehicle or trailer; ; 2 in section 80A (1), after “section 79 (1) ( ga )” there were inserted “or ( gb )”. Amendment of London Local Authorities Act 1991 25 1 Section 23 (Audible intruder alarms) of the London Local Authorities Act 1991 shall be amended as follows:— a by the substitution, in subsections (1) (a) (i), (1) (b) (i) and (2) (a) for “fitted with a device” of the words “fitted with a working device”; b by the insertion, after subsection (6), of the following subsection:— 6A An authorised officer may de-activate an alarm where, under subsection (7) below, he has been authorised to enter premises to do so. ; and c by the insertion, in subsection (7) (a), after “operating” of the words “either continuously or intermittently,”; d by the insertion, after subsection (11) of the following subsections:— 11A Where any premises are entered by virtue of subsection (7) above in a case where the occupier of those premises is convicted of an offence under subsection (6) above in respect of the premises any expenses reasonably incurred by the council in connection with the entry, turning off the alarm or complying with subsection (10) above may be recovered by the council from that occupier. 11B Nothing done by, or by a member of, a borough council or by an officer of or another person authorised by a borough council shall, if done in good faith for the purposes of this section, subject them or any of them personally to any action, liability, claim or demand whatsoever, other than any liability under section 19 or 20 of the Local Government Finance Act 1982. . 2 The said section 23 shall apply additionally to the City of London, and references in that section to “borough” and “council” shall be construed as including references to the City of London and to the Common Council of the City of London. Public charitable collections 26 1 Subsection (2) of section 21 (Interpretation of Part III) of the London Local Authorities Act 1990 shall be amended by the substitution of the following paragraph for paragraph (h):— h the doing of anything authorised by any permit or order under Part III of the Charities Act 1992; . 2 This section shall come into operation on the day Part III of the Charities Act 1992 comes into operation. Application of London Local Authorities Act 1995 to Tower Hamlets 27 The definition of “participating council” in section 2 (Interpretation) of the London Local Authorities Act 1995 shall be amended by the deletion of the words “other than Tower Hamlets”. Obstruction of authorised officer 28 1 Any person who— a intentionally obstructs any authorised officer acting in the exercise of his powers under this Act; or b without reasonable cause fails to give any authorised officer any assistance or information which the officer may reasonably require of him for the purposes of the exercise of the officer’s functions under any provision of this Act; shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale. 2 Subsection (1) (b) above applies in relation to a constable as it applies in relation to an authorised officer. 3 A person shall be guilty of an offence if, in giving any information which is required of him by virtue of subsection (1) (b) above— a he makes any statement which he knows is false in a material particular; or b he recklessly makes a statement which is false in a material particular. 4 A person guilty of an offence under subsection (3) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale. Defence of due diligence 29 1 In proceedings for an offence under this Act it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence. 2 If in any case the defence provided under subsection (1) above involves the allegation that the commission of the offence was due to the act or default of another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless, no later than 7 clear days before the hearing, he has served on the prosecutor a notice in writing giving such information as was then in his possession identifying or assisting in the identification of that other person. Liability of directors, etc 30 1 Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of the offence. 2 Where the affairs of the body corporate are managed by its members, subsection (1) above shall apply to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate. Regulations 31 1 Any power to make regulations conferred by this Act shall be exercised by statutory instrument. 2 Any statutory instrument made under this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.