City of Westminster Bill [Lords]

This debate arises purely on a procedural motion, instigated at the behest of my hon. Friend the Member for Christchurch (Mr Chope), who has assiduously sought to safeguard the interests of pedlars on many occasions in respect of other private Bills in the past two years or so. I do not intend to go into great detail on the merits of the City of Westminster Bill—nor would you allow me to do so, Mr Deputy Speaker. Suffice it to say that the main purpose of the Bill is to replace and consolidate the existing street trading regulations that apply in Westminster—namely, the City of Westminster Act 1999, which was itself a consolidating piece of legislation. We need new legislation that is fit not just for 2010 but for some years to come. I should make it absolutely clear from the outset that the Bill does not affect pedlars wishing to trade in Westminster; the Canterbury City Council Bill and the Nottingham City Council Bill, which we shall debate tonight, would affect pedlars in the relevant areas. As far as pedlars in the City of Westminster are concerned, the position is exactly the same as it has been since 1999, so I am a little surprised that my hon. Friend the Member for Christchurch should have chosen to object to the revival of the Bill. The Bill updates the 1999 Act, through which the council is able to regulate street trading using a fairly sophisticated licensing system understood by residents, traders and, no doubt, by many of those who have to go to court about these issues. Clearly, there has to be some sort of regulation in a place such as Westminster, which has world-famous shopping and tourist centres, or else there would be a free-for-all. Indeed, I often wonder whether any of those who come to London to set up their stalls and sell come what may do so because they feel that a free-for-all is already in place. Yet it would be wrong to suggest that there has not already been a fairly sophisticated regulatory system. Among other things, the Bill gives Westminster city council additional powers to de-designate existing street trading pitches. I hope that that deregulation measure will find favour with my hon. Friends the Members for Christchurch and for Shipley (Philip Davies). The Bill also allows street traders to trade through companies rather than just as sole practitioners or members of partnerships. It enhances the powers of council officers to deal with the real problem of unlicensed hot dog trolleys by allowing them to be seized before trading starts and introducing a sunset provision on existing provisions that allow street trading licences to be passed on to relatives. In London, there has been a costermonger-type community that goes back many generations and several centuries. In fairness, it is felt that there should be an opportunity for a sunset clause on the passing of street trading pitches from generation to generation. The Bill would allow pitches to be passed on one more occasion for each licence currently in play. As far as pedlars are concerned, the position remains as it has been for 11 years: a street trading licence will be required unless the pedlar is selling from house to house. Clause 52 would allow the council to regulate touting in the city. I should make it clear that that has nothing to do with ticket touting; it is about touting for business in the street, which is a considerable annoyance to residents, workers and visitors. The City of Westminster has some 140,000 residents and some 500,000 people come to work here every day. There are also, of course, countless millions of visitors from the UK and abroad. The fact that the touting provision has nothing to do with ticket touting might find favour with my hon. Friends the Members for Christchurch and for Shipley; it is a much more general prohibition on touting for other purposes.