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Proceeding contribution from Christopher Chope (Conservative) in the House of Commons on Thursday, 21 January 2010. It occurred during Debate on bill on Bournemouth Borough Council Bill [Lords].


Bournemouth Borough Council Bill [Lords]

I am grateful to my hon. Friend for his support for my amendment. He will know that the word "location" appears not only in clause 5, line 20, page 3, but in many other clauses. I shall not recite all those, but the consequential, similar amendments are set out in this group. Amendment 8 seeks to reflect accurately common law case law on the interpretation of how long it is reasonable for a pedlar to stay in one position when complying with his duties and responsibilities under a pedlar's certificate. There is quite a lot of case law—I shall not refer to the tomes on it—suggesting that anything up to 20 minutes is reasonable for a pedlar to spend in one position and after that the pedlar needs to move on. Clause 5 says that it would not be possible for a pedlar to stay in one position for more than five minutes. That is unduly restrictive, and a 15-minute period would be more reflective of case law. In order to demonstrate the reasonableness of this and other amendments, I have not gone to the extreme of the ambit by proposing, in line with some case law, a 20 minute limit—there is even a case that suggested a stay of up to half an hour or longer. I thought that 15 minutes would be reasonable and proposed it in the hope that it would find favour with the promoters of the Bill.


Secondary information

Type
Proceeding contribution
Reference
504 c494 
Session
2009-10
Chamber / Committee
House of Commons chamber
Subjects
Bournemouth Licensing EU law Greater Manchester Local government Manchester City Council Touting Street trading Bournemouth Borough Council
Legislation
Bournemouth Borough Council Bill (HL) 2006-07 to 2009-10
Manchester City Council Bill (HL) 2006-07 to 2009-10
Link
View this Proceeding contribution on www.publications.parliament.uk