4.It is an offence, without the prior written permission of the Secretary of State, to carry on any trade or business, or to offer anything for sale or hire, or to possess or expose anything for sale or hire in any of the Royal Parks or in certain other open spaces (section 2(1) of the Parks Regulation (Amendment) Act 1926 ("the 1926 Act") and regulation 4(6) of the Royal Parks and Other Open Spaces Regulations 1997 S.I. 1997/1639). The maximum penalty for such an offence is a fine at level 1 on the standard scale (section 2(1) of the 1926 Act). At present, a level 1 fine is £200.
5.Prior to this Act there were no provisions empowering park constables to seize items used in connection with the offence, nor any provisions empowering a magistrates' court to order forfeiture of such items in the event of a conviction.
6.This absence of powers of seizure and forfeiture was in contrast to powers exercisable by local authorities in relation to illegal trading activities committed on the surrounding streets. The City of Westminster Act 1999, for example, gives Westminster City Council powers of seizure and the courts a power of forfeiture, with respect to items used in connection with street trading offences committed within the City of Westminster. The 1999 Act also provides for a higher maximum penalty in the event of a conviction for an offence, namely a fine at level 3 on the standard scale (currently £1,000).
7.The intention of the Act is to bring powers in relation to the Royal Parks and other open spaces broadly into line with those possessed by local authorities when dealing with illegal traders.
Background