Markets and street trading
Street trading licence terms and conditions
Anyone who holds a Street Trading Licence must comply with the following terms and conditions.
If you fail to comply with any of these conditions your licence may be suspended, or revoked, or not renewed.
Your street trading licence will specify:
- class or article, commodity to be sold
- the street and place where the license holder must trade
- the days and times during which street trading may take place
The above are referred to as principal terms. You may be prosecuted for breaches of principal terms.
The following conditions are attached to the licence and are known as subsidiary terms.
1. Street Trading shall only take place from the Unit as described and referred to in the licence. Only units which meet the design specification as agreed by the Street Trading Committee on 24th October 2003 will be licensed to trade (see Condition 11).
2. Street Trading shall not be carried out on any site other than that specified in the licence.
3. No class or classes of articles or things may be sold or exposed or offered for sale other than those specified in the licence.
4. The licensee shall not dispose of or transfer or attempt to dispose of or transfer his/her street trading licence to another person without the consent of the Council. In the event of the death of a licence holder, the licence may be operated by the next of kin or bequeathed person until such time as a formal transfer application (an application by a different person for a new licence to trade from the same site supported by the former licence holder, or made by his or her next of kin or bequeathed person) is considered by the city council.
5. Failing to trade
(i) The licence holder must fully avail him or herself of their licence to a reasonable extent – that is to say the council expects their pitch to be out and trading on a regular, routine basis. Failure to do so may lead to the council revoking or not renewing the holder’s licence unless the licence- holder can demonstrate to the satisfaction of the Council that the holder has a reasonable excuse for failing to trade. It is therefore essential that the licence-holder notifies the Licensing Unit in writing of the following:
(a)Immediately upon booking any holiday which for longer than two trading days giving the dates when their pitch will not be
(b) Immediately upon becoming unable through injury, sickness or illness to utilise their pitch for longer than two trading days. Such notice shall describe the nature of the health problem and the anticipated date when trading is expected to be re-commenced. If no trading takes place for more than seven days (including days when you would not normally work on the pitch) the licence-holder must give to the Licensing Unit within ten days of first being absent from the pitch a Statement of Fitness for Work (“Fit Note”) from their GP
(c)Any other event which will mean his pitch will not be trading for longer than two trading days giving the dates when his pitch will not be trading
(ii) Any licence-holder whose pitch does not trade for a continuous period of four weeks or more (or does not trade for a total of four weeks in any eight-week period), for whatever reason, will automatically be referred to the Street Trading Committee who will consider whether it is appropriate to revoke the trader’s
(iii) Whenever their pitch is trading the licence-holder is expected to be personally present to manage their business. Any absence longer than two trading days from their pitch whilst it continues to trade must be notified as soon as possible to the Licensing Unit in writing detailing the reason for absence, the length of absence and the contact details of the assistant made responsible for the pitch in their absence. Any licence-holder who is absent from their pitch for prolonged periods or repeatedly absent for short periods will be referred to the Street Trading Committee who will actively consider revoking the trader’s licence on the grounds of suitability.
6. The licence holder must wear at all times whilst street trading the identification badge.
7. The licence holder 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 licence holder must immediately withdraw from sale any such article or goods if required to do so by the City Council in writing.
8. The licence holder must notify the Council in writing if they are convicted of a relevant offence. This information is subject to the Rehabilitation of Offenders Act 1974.
9. The licensee shall ensure that they he/she has a valid certificate for public liability insurance with single accident indemnity limits of less than £2 million. A copy of the insurance certificate shall be submitted to the City Council when a licence application or renewal is made and when a new certificate is obtained.
10. The nominated assistants shall wear at all times whilst street trading the identification badge provided.
11. The unit used must be one of three design types approved by the City Council and must meet that design specification criteria (see 4 above). Details of the criteria are attached to the licence application form. The unit must be of a temporary nature and easily removed. It must not cause damage to the street or endanger persons using the street. If damage does occur to the highway the licence holder must report it immediately to the Licensing Unit.
12. The licence 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 structure around the unit.
13. No part of the unit used for street trading which stands in the carriageway shall project over the footway.
14. All units must be on site and all tow vehicles removed by 10.00hours on the day of trading. Units must not be left unattended at any time, except in an emergency.
15. All tow bars must be removable, foldaway or configured in such a way as to not represent a hazard.
16. Generators with an output of 3.3KW and above are not permitted.
17. A legible notice which will be provided by the Council must be prominently displayed on the unit to clearly show the licence holder’s name and such other details as may be prescribed by the council.
18. In an emergency or when requested by a police constable or authorised officer of the Council, the unit shall be removed for such period as necessary.
19. Cartons and boxes, units, vehicles or other conveyances which bring produce and goods to replenish stock must be removed immediately after unloading has been completed and in any case before 10am and no cartons and boxes or other articles 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.
20. The licence holder shall ensure that no property, building or structure near to and around any site on which street trading is taking place will be damaged, defaced or interfered with.
21. 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 site, at which time an alternative location may be considered by the Licensing Unit, in the interim period.
22. The licence holder shall be responsible for complying with any Acts of Parliament, Regulations or bye-laws which affect the occupation and use of the site
23. All elements of all of the accommodation must be co-ordinated in type of materials, fixings, details and overall style. Any drapes, canopies or skirtings must be in the same fabric and colour and kept clean and in good condition with no rips or tears in the fabric. Skirtings and drapes must extend to the ground and be fixed in such a way as not to be loose or flapping, nor must they interfere with the free flow of pedestrian movement.
24. The unit must be kept clean and maintained to a high standard at all times.
25. The unit must be set up in accordance with the unit design which has been approved by Liverpool City Council’s Street Trading Committee at all times during trading hours. This includes any canopies, skirts or drapes.
Advertising and branding
26. Advertising of the licence holder’s products and business is permitted in the design provided the signage does not extend beyond the main body of the unit. Full details of advertising/branding should be submitted as part of the application for the grant or renewal of a licence and must be considered within the overall design.