Overview

The Bournemouth Borough Council Act 2010 grants Bournemouth Borough Council enhanced powers to regulate street trading within the borough. It amends existing legislation and provides a framework for seizing and forfeiting goods related to illegal street trading activities.

Description

This Act primarily amends the Local Government (Miscellaneous Provisions) Act 1982, specifically Schedule 4, to give Bournemouth Borough Council more control over street trading. Key changes include:

Street Trading Definition

The definition of "street trading" is broadened to include the offering of services for gain, not just the sale of goods.

Pedlars

New regulations are introduced for pedlars, including restrictions on trading locations and time limits at each location. Pedlars must display their certificates at all times.

Seizure and Forfeiture

The Act outlines the process for seizing articles, receptacles, or equipment used in illegal street trading. Seizure is allowed if an authorised officer or constable has reasonable grounds to believe a relevant offense has occurred. Goods may be forfeited by a court following a conviction. The Act sets out procedures for returning seized items if charges are dropped or the accused is acquitted.

Compensation

If a seizure is deemed unlawful, the Act allows for compensation to be claimed from the council or the Chief Constable via civil action in the county court.

Government Spending

The Act does not directly specify government spending. However, there may be indirect costs associated with enforcement and potential compensation claims. The financial impact is difficult to quantify without further information.

Groups Affected

• Bournemouth Borough Council: Gains increased powers to regulate street trading.
• Street Traders: May face increased scrutiny and potential seizure of goods if found to be operating illegally. Pedlars will be subject to specific new regulations.
• Dorset Police: May be involved in enforcing the act's provisions.
• Residents and Businesses: May benefit from a reduction in unregulated street trading, although potential noise or obstruction from stricter regulations may be a concern.

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