East Devon District Council

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Policy Street trading policy

Show all parts of this policy

1. Legislation, consent streets, prohibited streets, definitions and relevant offences

  1. East Devon District Council has under section 3 of the Local Government (Miscellaneous Provisions) Act 1982 adopted Schedule 4 of that Act with regard to Street Trading within the district.

    Consent Streets

  2. A Consent Street is a street where street trading isn't allowed without the consent of the Council. Within the East Devon District the following are designated as Consent Streets.

    Exmouth

    • Bath Road

    Honiton

    • Northcote Lane (part only)

    Axminster

    • Trinity Square

    Seaton

    • Esplanade from Fisherman’s Gap to Beach Road
    • The Square

    Sidmouth

    • Esplanade and Promenade

    Prohibited Streets

    A Prohibited Street is a street where street trading is, at all times, forbidden by law. Within East Devon District the following streets are currently designated as prohibited streets:

    Exmouth

    • Albert Place
    • Albion Place
    • Albion Street
    • Alexandra Terrace
    • Ann Street (this is probably now under London Hotel car Park)
    • Beacon Place
    • The Beacon
    • Bicton Place
    • Bicton Street – from its junction with Rolle Street to its junction with South Street
    • Carlton Hill
    • Chapel Hill
    • Chapel Street
    • Charles Street
    • Church Road
    • Church Street
    • Churchill Road
    • Clarence Road
    • Clinton Square
    • Cranford Avenue – from its junction with Littleham Rd, to its junction with Barnfield Ave
    • Crudge’s Lane
    • Dagmar Road
    • Dinan Way
    • Elm Grove
    • Esplanade and Queens Drive – from its junction with Victoria Rd to Orcombe Point
    • Exeter Road – from its junction with the Parade to its junction with Lyndhurst Road
    • Fore Street – from its junction with Chapel Street to its junction with Church Street
    • George Street
    • Henrietta Road
    • High Street
    • Imperial Road
    • King Street
    • Littleham Road – from its junction with Salterton Road to the Broadway
    • Louisa Place
    • Louisa Terrace
    • Lower Bicton Place
    • Lower Fore Street
    • Maer Road – from its junction with Queen’s Drive to its junction with Douglas Avenue
    • Manchester Road
    • Manchester Street
    • Margaret Street
    • Magnolia Centre
    • Marine Way
    • Market Street
    • Meadow Street
    • Meeting Street
    • Morton Crescent
    • Morton Road
    • New North Road
    • New Street
    • North Street
    • Palace Cottages
    • Parade, The
    • Pound Street
    • Prince of Wales Drive
    • Queen’s Drive
    • Queen Street
    • Rolle Road
    • Rolle Street
    • Rolle Villas
    • Sheppards Row
    • St Andrew’s Road
    • South Street
    • Staples Mews (formerly Buildings)
    • Strand, The
    • Tower Street
    • Union Street
    • Victoria Road
    • Windsor Square

    Honiton

    • George Street
    • King Street
    • New Street
    • Northcote Lane (part of)
    • Queen Street
    • School Lane
    • Silver Street

    Seaton

    • Beer Road, - extending from Queen Street to Westcliff Terrace
    • Castle Hill
    • Colyford Road, - as far as the cemetery
    • Court Lane
    • Cross Street
    • Esplanade (except for that part of the Esplanade from Fisherman's Gap to Beach Road)
    • Eyrecourt Road
    • Fore Street, - extending from Marine Place to its junction with Court Lane
    • Harbour Road
    • Harbour Road Car Park
    • Harepath Road, - extending from Queen Street to its junction with Homer Lane and including the triangle of grass contained within Harepath Road, Homer Lane and Barnards Hill Lane
    • Harepath Road as far as Harepath Hill
    • Highwell Road
    • Manor Road
    • Marine Crescent
    • Marine Place
    • Meadow Road
    • Orchard Car Park
    • Queen Street
    • Seafield Road
    • Seahill
    • SeatonTown Hall – Marsh Road Car Park
    • SeatonTown Hall Reserved Car Park
    • Seaton Down Road - extending from Harepath Road to Cherry Drive
    • Stock Lane
    • The Burrow
    • The Underfleet, - together with the roundabout which forms the junction with Underfleet Way and all its surrounding highway (up to and including its junction with Harbour Road Car Park)
    • Trevelyan Road
    • Underfleet Way
    • Unnamed Road - extending from CRS (Pioneer) Supermarket to Seaton Town Hall Reserved Car Park
    • York Road

    Sidmouth

    • All Saints Road
    • Bedford Square and including the un-named street leading from Bedford Square to the Esplanade
    • Blackmore View
    • Chapel Road
    • Chapel Street
    • Church Street
    • Coburg Road - between Coburg Terrace and Church Street
    • Dove Lane - and the lane between Dove Lane and New Street
    • Fore Street
    • Fortfield Place
    • Fortfield Terrace
    • Glen Road, - south of Manor Road
    • Ham Lane and East Street - from the Esplanade to Fore Street
    • Ham Playing Field
    • High Street
    • King Street
    • Manor Road
    • Market Place
    • Mill Street, - west of its junction with Russell Street
    • Millford Road, - north of the ford
    • New Street
    • Old Fore Street
    • Peak Hill Road – east from its junction with Cotmaton Road
    • Prospect Place
    • Radway, - south of the Post Office
    • Salcombe Road
    • Sid Road, - south of Redwood Road
    • Station Road - between Knowle Drive and The Esplanade
    • Streets adjoining the Three Cornered Plot (Known as The Triangle)
    • The Beach – from the mouth of the River Sid westwards to a point opposite Clifton Cottage
    • The un-named street between Elizabeth Hotel and Marlborough Hotel (now Dukes)
    • Vicarage Road, - south of Connaught Road
    • York Street
  3. Definitions

    Consent Street – means a street in which street trading isn't allowed without the permission of the council.
    News vendor – means a person trading where, the only articles sold or exposed or offered for sale are newspapers or periodicals and provided that they are not sold from a stall or similar structure or, if they are, that the structure stands on the carriageway of a street and its dimensions do not exceed one metre in length or width, two metres in height and it does not occupy a ground area of more than 0.25 square metres.
    Prohibited street – means a street in which trading is banned.
    Street – includes any road, footway, beach or other area to which the public have access without payment, and a service area as defined in section 39 of the Highways Act 1980.
    Street trading – means the selling or exposing or offering for sale of any article (including a living thing) in a street but does not include:
    1. trading as a pedlar under the authority of a ‘Pedlars Certificate’
    2. anything done at a market or fair which have a right to be held
    3. trading as a news vendor
    4. trading at a petrol filling station or shop
    5. selling things, or offering or exposing them for sale as a roundsman
    6. trading in a street adjoining a shop provided it is part of the business of the shop
  4. Relevant Offences
    The Local Government (Miscellaneous Provisions) Act 1982 provides as follows: Schedule 4, paragraph 10 A person who:
    1. engages in street trading in a prohibited street; or
    2. engages in street trading in a consent street without being authorised to do so under this Schedule: or
    3. contravenes any of the principal terms of a street trading licence; or
    4. being authorised by a street trading consent to trade in a consent street, trades in that street:
      1. from a stationary van, cart, barrow or other vehicle; or
      2. from a portable stall,
      without first having been granted permission to do so under paragraph 7 (8) (of this schedule); or
    5. contravenes a condition imposed under paragraph 7 (9) (of this Schedule), shall be guilty of an offence.
  5. It shall be a defence for a person charged with an offence under sub-paragraph (1) above to prove that he took all reasonable precautions and exercised all due diligence to avoid commission of the offence
  6. Any person who, in connection with an application for a street trading consent, makes a false statement which he knows to be false in any material respect, or which he does not believe to be true, shall be guilty of an offence
  7. A person guilty of an offence under this paragraph shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale

When this policy has been published and will be reviewed

Policy published 2 December 2014 (due for review by 2 December 2015)