Part 3: Touting, Advertising and Trading Offences Section 16: Trading offence
Section 16 makes it an offence to trade (or to arrange or permit trading) in a specified Games location during a specified period, or in a relevant public place (see 16(8)) in the vicinity of a Games location during a specified period (the "trading offence"). Trading is defined for this purpose at subsection (2) as selling, offering or exposing an item for sale; providing, or offering to provide, a service for gain or reward; providing public entertainment for gain or reward; and appealing for money or other property.
	This offence will improve the spectator experience by helping ensure that trading does not obstruct the easy movement around Games areas such as from transport hubs to Games venues.
	Subsection (1) establishes that, in addition to it being an offence to carry out Games location trading, it is also an offence to permit Games location trading (for example on private land) or to arrange for someone else to carry out Games location trading. Subsection (5) makes further provision about permitting.
	Subsection (2) defines "Games location trading" as meaning trading in a specified Games location at any time during a specified period, or trading in a relevant public place (defined in subsection (8)) in the vicinity of a Games location during a specified period. Whilst there is a definition of what constitutes a "Games location" in section 24(1), the specific locations to which the offence will apply will be stipulated in the regulations. What is a "specified period" will be set out in regulations (subject to the limits about specified period in subsection (3)).
	Subsection (4) provides a power for the Secretary of State to make regulations about when a person will be treated, or not, as doing something, in or in the vicinity of a Games location.
	Subsection (5) establishes that a person does not "permit" Games location trading if that person took all reasonable steps to prevent the trading from taking place or continuing to take place. This means that if the offence took place on a person’s land, and the landowner took appropriate action to try to prevent the offence, they would not be considered to be "permitting" trading for the purposes of the offence.
	Subsection (6) provides that it is not a defence to the trading offence that the trading was carried out in accordance with a licence (see the interpretation of "licence" at section 24) (for example, from a local authority, private landowner or police), other than an authorisation from the Organising Committee (as set out at section 17).
	Subsection (7) provides a penalty for the offence, namely that anyone found guilty of this offence is liable to an unlimited fine.
	Subsection (8) defines a relevant public place as a highway, indoor carpark, or any outdoor space to which the public have access.
	Subsection (9) makes clear that no offence is committed if trading has been authorised by section 17 or is otherwise excepted by section 18 or any regulations made under section 19.