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Restriction on casual trading.
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3.—(1) A person shall not engage in casual trading in a casual trading area unless he is, or is the servant or agent acting as such of, a person who holds a casual trading licence and a casual trading permit that are for the time being in force and the casual trading is in accordance with the licence and the permit.
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(2) A person shall not engage in casual trading in an area other than a casual trading area unless he is, or is the servant or agent acting as such of, a person who holds a casual trading licence and the casual trading is in accordance with the licence.
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(3) (a) Where there is a casual trading area in the functional area of a local authority, a person shall not engage in casual trading—
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(i) in that functional area other than in that casual trading area, or
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(ii) in the functional area of another local authority other than at a place that is more than five miles from the nearest point of that casual trading area or is in a casual trading area in the functional area of that other authority.
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(b) Paragraph (a) of this subsection does not apply to an area that is included in the functional area of two or more local authorities unless there is at least one casual trading area in the functional area of each of those authorities designated by each of those authorities.
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(4) A person who contravenes this section shall be guilty of an offence.
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(5) (a) In a prosecution for an offence under subsection (1) of this section, it shall be presumed until the contrary is shown that, at the time of the casual trading to which the offence relates, the defendant, or any person of whom he was at that time acting as a servant or agent in relation to such trading, was not the holder of a casual trading licence for the time being in force or of a casual trading permit for the time being in force.
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(b) In a prosecution for an offence under subsection (2) of this section, it shall be presumed until the contrary is shown that, at the time of the casual trading to which the offence relates, the defendant, or any person of whom he was at that time acting as servant or agent in relation to such trading, was not the holder of a casual trading licence for the time being in force.
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