Police caution for offence "The Royal Parks and Other Open Spaces Regulations 1997"

[HunterBargan]

Hello again
This Saturday gone I was trading in Hyde Park London (which is a royal park) A police officer came along and said you are not allowed to sell goods hear and gave me a police caution for the offence "The Royal Parks and Other Open Spaces Regulations 1997". He said if it happens again then all your goods will be confiscated!

I read up on the act hear
https://www.legislation.gov.uk/uksi/.../contents/made
I have found the part that says

4.Acts in a Park for which written permission is required
(6) carry on any trade or business in a Park, offer anything for sale or hire or expose or have in his possession anything for the purpose of sale or hire therein;

But I can not find anywhere in the link that mentions penalties for braking this legislation

It was noted in my last post that the officer who thretoned to confiscate all my goods was more then likely ignorant and just wanted me to move on as that piece of legislation in question clearly stated the penalties (for trading without a pedlars certificate)
So anyone any insight on this one please

Thanks

PS the officer said we have confiscated goods hear before

[des8]

You didn't previously state you were trading in Hyde Park, but claimed to be street trading and then acting as a pedlar!

You were given a "police caution" so were taken to the police station.
Was it a simple or conditional caution?

Penalties & forfeiture of goods here: https://www.legislation.gov.uk/ukpga...nts/2012-03-28

[HunterBargan]

You didn't previously state you were trading in Hyde Park, but claimed to be street trading and then acting as a pedlar!

Sorry dose sound confusing but the first Saturday was on the pavement next to trafalger squere. And the next was inside Hyde park

You were given a "police caution" so were taken to the police station.
Was it a simple or conditional caution?

Sorry I do not know!

Penalties & forfeiture of goods here: https://www.legislation.gov.uk/ukpga...nts/2012-03-28

thanks for the link!
But I find it rather confusing

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2. Maximum penalty.
Section 2 of the M1Parks Regulation (Amendment) Act 1926 (regulations) shall have effect in relation to a park trading offence as if for “level 1 on the standard scale” there were substituted “ level 3 on the standard scale ”.

what is a level 1?
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3 Offence by body corporate.

What is a body corporate?
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4 Seizure of property.

(1)A park constable who reasonably suspects that a person has committed a park trading offence may, subject to subsection (2), seize anything of a non-perishable nature which—

(a)the person has in his possession or under his control, and

(b)the constable reasonably believes to have been used in the commission of the offence.

(2)A park constable may exercise the power conferred by subsection (1) only in the park where he has jurisdiction.

(3)In this section “park constable” has the meaning given by section 3 of the M1Parks Regulation Act 1872.

[F1(4)In the application of this section to a specified park—

(a)the reference in subsection (1) to a park constable has effect as a reference to a constable, and

(b)subsections (2) and (3) do not apply.

(5) In subsection (4) “ specified park ” has the same meaning as in section 162 of the Serious Organised Crime and Police Act 2005. ]

It states a park constable and not a police constable; I do not know what a park constable is!
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5 Retention and disposal.

(1)The Secretary of State may retain anything which has been seized under section 4 until the end of the period of 28 days beginning with the date of the seizure.

So by rights that have to return your goods within 28 days?
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Thanks

[des8]

Basically a level 3 fine is £1000 (Sentencing Act 2020 Sec 122)) and police can confiscate your trade goods.

You do not know if you were taken to a police station?
A police caution (simple or conditional) can only be given at a police station.

If you weren't at the cop shop I suspect the constable just warned you not to be caught again

Re confiscation and retention whether or not things ceased have to be returned depends on whether or not there was a prosecution of the trader and the result of that case

[HunterBargan]

no I was not taken to the police station so dont know what the warning was

[HunterBargan]

Basically a level 3 fine is £1000 (Sentencing Act 2020 Sec 122)) and police can confiscate your trade goods.

In that legislation it quotes park officer and not police officer. Have they mad a mistake?

[HunterBargan]

4.Acts in a Park for which written permission is required
(6) carry on any trade or business in a Park, offer anything for sale or hire or expose or have in his possession anything for the purpose of sale or hire therein;

Reading that I wonder how they would take it with advertising in the park but not selling in the park
If I set my pitch up outside of the park when ready as the group enter the park. Then when they are inside the park, could I take a few of my Tshirts round with me and say I am not permited to sell in the park but if you want to buy one I have them out side?

[des8]

I understand (but haven't looked for the exact regulation) that there is a prohibition in the regulations against displaying advertising material without express permission.

[HunterBargan]

against displaying advertising material .

I have to say I could not find it myself

[des8]

https://www.google.com/search?client...ate%27s+writte

(6)Acts in a Park for which written permission is required 4 Unless the Secretary of State's written permission has first been obtained, no person using a Park shall—
(1) ...........
; (2)...............
; (3)................
(4)................
(5...........
(6) carry on any trade or business in a Park, offer anything for sale or hire or expose or have in his possession anything for the purpose of sale or hire therein;

(7) use language which publicly intimates that any article, commodity, facility or service can be obtained in a Park or elsewhere;

(8) exhibit any notice or advertisement or any other written or pictorial matter