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RULING LAYS DOWN FRESH GUIDELINES ON STREET TRADER CRITERIA

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Street trading has been under judicial scrutiny in a case in which two traders working in the area round the Tower ...
Street trading has been under judicial scrutiny in a case in which two traders working in the area round the Tower of London claimed that a move they made from conventional street trading to trading from permanent units gave them the status of business tenants.

They argued that in those circumstances, when Tower Hamlets LBC sought to terminate their licences in order to carry out redevelopment of the area, they were entitled to the protection of the Landlord and Tenant Act 1954.

However, in a ruling which lays down fresh guidelines on the criteria to be used to decide the status of such traders, the court has rejected their agument.

Deputy judge Sonia Proudman QC held that although the traders themselves worked from permanent kiosks, their sales took place through the open hatches of those kiosks. They were sales to customers who remained on the street and in those circumstances there was no justification for the claim by the traders that they were to be regarded as business tenants rather than street traders.

She held that there was no basis for a claim by the two that they were entitled to compensation for loss of their trading outlets.

STRAND NEWS SERVICE

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