Markets and street trading
Street trading consent terms and conditions
Street Trading Consent Standard Terms and Conditions
Local Government (Miscellaneous Provisions) Act 1982 Schedule 4 Para 7 (4)
Standard Conditions attaching to Street Trading Consents (with the exception of Consents held for the Mobile Sale of Ice Cream).
The standard terms and conditions are applicable to all types of Street Trading Consents issued by the Council (with the exception of Consents held for the Mobile Sale of Ice Cream for which a separate set of Conditions exist).
Under paragraph 7. (6) of the above legislation the council, may, at any time, vary the conditions of a street trading consent. Paragraph 7 (10) of the Act states that a street trading consent may be granted for any period not exceeding 12 months but may be revoked at any time.
Should you be granted a consent you will be required to comply with the following terms and conditions which are attached to the consent and if breached a consent may be revoked.
Day and times
Street trading shall not be carried out on any street, place or site on any days, or at any time other than those specified in the consent and trading shall take place only from the specified unit.
N.B No trading will be allowed within a 250 metre radius of any school or children’s nursery.
Use of site
The Consent Holder shall not at any time cause or permit any goods, articles or produce to be stored or displayed at the sides of the unit, nor place any table, trestle, box or other like structure there. Cartons and boxes, units, vehicles or other conveyances which bring produce and goods to replenish stock must be removed immediately after unloading and no cartons and boxes or other articles whatsoever shall be permitted to project beyond or be placed alongside or around any unit or in the gangway between any two units or above the height of 3 metres measured from the carriageway.
No class or classes of articles, commodities or things may be sold or exposed or offered for sale other than those specified in the consent.
A Consent Holder shall not leave his vehicle in the street in which he or she trades, apart from in approved parking spaces, except for the purpose of loading and unloading goods. Such loading and unloading shall be carried out as quickly as possible and the vehicle removed immediately on completion. This condition shall not apply when waiting restrictions are in force.
Consent Holders shall not offer for sale or display any articles or goods or anything whatsoever which is indecent or is likely to be offensive or in any way promotes or relates to the use of drugs. The Consent
Holder must immediately withdraw from sale any such article or goods if required to do so by the City Council.
Type and size of unit
The unit used must be of a size specified in his consent and of a design approved by the City Council. It will be of a temporary nature and easily removed. Its use must not cause damage to the street or endanger persons using the street. All tow bars will be removed or collapsed so as not to represent a hazard. Generators with an output of 3.3KW and above are not permitted except with the express permission of the City Council.
A legible notice which will be provided by the Council shall be prominently displayed by a street trader on his unit to clearly show the Consent Holder’s name and such other details as may be prescribed by the Council.
The Consent Holder shall ensure that they have a valid certificate for public liability insurance. The Consent Holder shall not dispose of or transfer or attempt to dispose of or transfer his or her consent to another person without the permission of the Council. In the event of the death of a consent holder the consent may be operated by the next of kin or bequeathed person until such time as a formal application is considered by the City Council.
The consent holder must wear at all times whilst street trading the identification badge provided. All nominated assistants shall wear at all times whilst street trading the identification badge provided.
In an emergency or when requested by a police constable or authorised officer of the Council, the unit shall be temporarily removed for such period as necessary.
Traders and any assistants employed by them shall ensure the public are treated fairly and with courtesy.
The consent fees payable by each trader for twelve month consent shall be paid in full on receipt of the grant of the consent. Fees for short term consent must be paid in whole on receipt of the grant of the consent.
Any unit which emits fumes shall comply with the requirements of the City Council and not present a statutory nuisance to persons using the street or occupying premises in the street.
The unit used for street trading shall be kept in a clean and tidy condition.
Any property, building or structure near to and around any site on which trading is carried out shall not be defaced or interfered with.
From time to time, the Statutory Undertakers may wish to undertake works in the execution of their duties, upon or within the vicinity of the trading site, at which time an alternative location may be considered by the Licensing Unit in the interim period.
The consent holder shall be responsible for complying with any Acts of Parliament, Regulations or bye-laws which affect the occupation and use of the site.
No unreasonable noise shall be made which may cause annoyance to persons using the street or occupying premises in the street in which trading is carried out. If you intend to use electrical equipment you must contact the Licensing Unit for prior approval. The consent holder shall be in attendance during the period when street trading is taking place, except when he/she is actively engaged elsewhere on street trading business concerning that consent, or there is other reasonable excuse such as sickness. Notification of absence for any continuous period of more than two days, i.e. sickness or holidays, must be made to the Licensing Unit as soon as practicable. Units should not be left unattended at any time, except in emergency situations.
When applicable (see application form), the trader shall comply with all requirements of the Food Safety Act 1990,in particular the Food Safety and Hygiene (England) Regulations 2013. All traders (food) shall give details of the appropriate registration authority having regard to the Food Premises (Registration) Regulations 1991.
Traders shall ensure that they comply with the requirements of the Council’s guidance document on the safe use, handling, storage and transportation of Liquefied Petroleum Gas used in mobile catering units or similar units.
Refuse and waste
The trader shall keep the site clean and tidy and free from litter at all times and provide adequate facilities for the hygienic storage of refuse, in the form of dedicated containers that cannot be used for any other purposes. The trader must ensure that the containers do not become overfilled and at the end of each trading day and/or as often as may be necessary during the trading day, properly dispose of all refuse including cooking oils etc in an authorised manner.
The trader shall comply with all requirements of the Environmental Protection Act 1990 with respect to Duty of Care. The trader shall collect and similarly properly dispose of all wrappings and litter within a 5 metre radius of the site(and beyond where it is the result of the trader’s activities from the site) at the end of each trading day and as often as may be necessary during each trading day so as to keep and leave the street in a clean and tidy condition. The trader shall take all reasonable steps to prevent the deposit of anything whatsoever on the highway so as to damage the highway.
This shall include localised street washing in the event of spillage of vegetables, cooking oil, oil from vehicles, ice cream or similar materials. Drip trays should also be placed under any part of the trading unit or equipment used as part of the trading unit to prevent spillage and/or staining on the highway. Mobile traders should ensure that any litter generated around the area a result of trading is removed before moving on. The trader or his or her assistant shall comply with any directions given by the Council from time to time regarding the handling, storage and removal of the refuse.
A consent holder must notify the Council in writing within 7 days of being convicted, following the grant of the consent, of a criminal offence. This information is subject to the Rehabilitation of Offenders Act 1974.