UK Parliament / Open data

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.

About this proceeding contribution

Reference

504 c494 

Session

2009-10

Chamber / Committee

House of Commons chamber
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