The court discussed the way in which local authorities should conduct their activities under the section: ‘[T]he budgetary exercise required of a local authority under section 32 is a part of its larger duty to administer its funds so as to protect the interests of what is now the body of council tax payers. The broad object of section 32 is to enable the council to break even over time on its market trading account so that no special burden is transferred to the general fund . . [T]he council remains under an obligation to balance the market trading books’ and ‘the purpose of the legislation . . is to ensure that the cost of running street markets falls, but falls fairly, upon the traders’.
When considering any penalty to be imposed for a breach, the court should look to the the gravity of the breach in relation to the statutory purpose.
Judges:
Sedley J
Citations:
Unreported, 19 July 1993, [1994] COD 325
Statutes:
London Local Authorities Act 1990 32
Jurisdiction:
England and Wales
Cited by:
Cited – West End Street Traders’ Association and Another, Regina (on the Application of) v City of Westminster Admn 21-May-2004
The respondent regulated street trading within its area by licenses issued under the Act. The claimants challenged substantial increases in the licence fees saying there had been insufficient consultation. The system was running at a net cost.
Cited – Haringey London Borough Council v Awaritefe, Secretary of State for Social Security Intervening CA 3-Jun-1999
A Local Authority could reclaim overpaid Housing Benefits even though it had failed to follow precisely the required procedures for such a recovery, provided that it could demonstrate that the failing was immaterial, and that the failure caused the . .
Cited – Regina v Horseferry Road Magistrates’ Court and Westminster City Council ex parte Rezouali; Westminster City Council v Mendoza Admn 31-Mar-2000
A local authority served notices on a property owner alleging that they were unlicensed sex establishments. The magistrate confirmed closure. The owner appealed.
Held: The statute gave two grounds for appeal, and an appeal on other grounds was . .
Cited – Paddy Tomkins, Chief Constable, Lothian and Borders Police Lothian and Borders Police Board Alistair Gemmell v Alistair Gemmell OHCS 1-Mar-2005
. .
Lists of cited by and citing cases may be incomplete.
Local Government, Administrative
Updated: 05 April 2022; Ref: scu.197718