On Wed, 28 Dec 2016 13:07:11 +0000, Saxman
<
john.h.willia...@gmail.com> put finger to keyboard and typed:
>I live fairly close to a large supermarket and their shopping trolleys
>(and other nearby stores) often get abandoned. Not too much of a
>problem with the large supermarket, as they have a contract with
>
>@Trolleywise
>
http://www.trolleywise.co.uk/
>
>I (and others) report them to Trolleywise and they do get recovered.
>However, some stores ignore reminders or have no contract with
>Trolleywise. On one occasion I visited a store manager and the trolley
>removed immediately. It had been abandoned for about a week despite
>reminders. Recently, my local councillor had to resort to writing to the
>head office of a local store in order to action them.
>
>Can someone tell me what the legal situation is regarding abandoned
>store trolleys?
It depends on the local authority, because some have powers under by-laws
specifically aimed at this situation. There may also be planning
restrictions in certain cases as well. But, to start with, assuming the
default of no by-laws or planning restrictions in force:
>Do all trolleys need restriction devices?
No. The trolleys are the property of the supermarket, it's up to them how
they minimise the risk of loss.
>Do they have to work?
See above.
>Can a person get fined for going 'out of bounds' with a trolley?
Someone who removes a trolley from the supermarket with no intention of
returning it, or who later changes their mind about returning it and
decides not to, is guilty of theft. And if they abandon the trolley
anywhere other than returning it or keeping it, they are also guilty of
fly-tipping.
>Whose responsibility is it to recover abandoned trolleys?
By default, assuming no by-laws in application, it is fly-tipped waste just
like any other and the responsibility of the landowner to clean up.
In practice, most supermarkets will recover stolen trolleys where notified
of them, partly because they wish to be good neighbours and partly because
the trolleys cost money and recovering them is cheaper than replacing them.
However, in some cases, this voluntary collection arrangement is
insufficient, and local authorities have implemented ly-law powers to
enable them to fine supermarkets for not recovering trolleys. This does not
override the general rule that the person who took the trolley is guilty of
theft and fly-tipping, but it is much easier to prosecute the supermarket
for non-recovery than it is to catch the thief. And it also removes the
duty of dealing with abandoned trolleys from the landowner.
The power to require supermarkets to recover their own trolleys, and fine
them for failing to do so, does not extend to a requirement for the
supermarket to implement anti-removal systems. In practice, the potential
of a fine for unrecovered trolleys is often sufficient incentive for them
to do so.
However, a requirement for anti-removal devices can be applied as a
planning restriction when a supermarket is built or amended. This can be
applied by any principal council, and doesn't need by-laws. It's also more
granular than by-laws, as it can be applied specifically to supermarkets in
areas where trolleys are more likely to be removed. The downside is that it
still doesn't solve the problem of people circumventing the anti-removal
systems, and gives the council no redress where that is rife.
>I can remember a case some years ago where Sainsburys, Chelmsford got
>fined heavily by the local council for having to recover trolleys from
>the local river nearby.
In that case, the relevant council has by-law powers to do so. Not all
councils do.
Mark
--
Insert random witticism here
http://www.markgoodge.com