West Berkshire District Council v Paine

West Berkshire District Council v Paine

The definition of 'street' in paragraph 1(1)(a) of Schedule 4 to the 1982 Act includes areas to which the public have potential access without payment, regardless of actual use or whether the area is private property. The Justices erred in law by requiring evidence of actual public use and by relying on Road Traffic Act authorities, which are not applicable to the statutory context of street trading regulation.

Parties
Claimant: West Berkshire District Council; Defendant: Simon Paine
Jurisdiction
England and Wales
Judgment Date
05 February 2009
Procedural Posture
Appeal by Way of Case Stated / Divisional Court Judgment on Appeal From Magistrates
Outcome
Appeal allowed; case remitted to Justices for further consideration.
Legal Topics
Street Trading, Statutory Interpretation, Consent Streets
Administrative Law Local Government Law Street Trading Statutory Interpretation Consent Streets

Case Brief

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Parties

West Berkshire District Council

Claimant

Simon Paine

Defendant

Procedural Posture

Appeal by Way of Case Stated / Divisional Court Judgment on Appeal From Magistrates

Legal Issues

  1. 1 Whether the area where the respondent traded was a 'street' within the meaning of paragraph 1(1)(a) of Schedule 4 to the Local Government (Miscellaneous Provisions) Act 1982

Ratio Decidendi

The definition of 'street' in paragraph 1(1)(a) of Schedule 4 to the 1982 Act includes areas to which the public have potential access without payment, regardless of actual use or whether the area is private property. The Justices erred in law by requiring evidence of actual public use and by relying on Road Traffic Act authorities, which are not applicable to the statutory context of street trading regulation.

Court Disposition

Appeal allowed; case remitted to Justices for further consideration.

Orders

  • Case remitted to the Justices for resolution of outstanding issues in accordance with the judgment.
  • Costs to be determined by the costs judge.