3. Exemptions (Statutory and Local)
- The following are legally exempt from the need to obtain street trading consent;
- Shops and petrol filling stations (including selling in the street adjoining such premises provided it is part of the business of the premises).
- Operating properly as a Pedlar (see our Guidance for pedlars selling on the streets of East Devon - East Devon),
- Markets or fairs where the right is granted through any enactment or order,
- Trading in a trunk road picnic area,
- News vendors (unless the stall exceeds a certain size) and
- Roundsmen, for the purposes of exemption, being defined as a person who regularly travels a set route making deliveries to regular customers. The legal precedent in case law (Kempin t/a British Bulldog Ice Cream V Brighton and Hove Council), ruled that a roundsman was someone who delivered pre-ordered goods within a locality.
- The following are exempt from the need to obtain a street trading consent as a matter of policy choice;
- School, church or village fetes or fetes organized by town or parish Councils (or similar such events) where the event is not in close proximity to a commercial area.
- Funfairs or circuses where the primary purpose is the funfair or circus and the street trading activity is ancillary to the purpose, related to and in close proximity to the funfair or circus.
- Non-commercial car boot sales (where the event organiser whether an individual or company does not profit).
- Residential properties selling items which are surplus to domestic requirements (e.g. home grown / produced jams, fruit, vegetables, eggs etc) provided the sale is within the curtilage of the property or immediately adjacent to it and it is not a commercial concern.
- Those activities that are so minor in nature that in the opinion of the Strategic Lead (Governance and Licensing) or Licensing Manager a street trading consent is not justified.
- The following activities do not fall within the requirement for a street trading consent;
- Educational / information / charity stands not selling any articles.
- Charitable street collections (there is a separate policy for this) including those with one or two tables selling items which solely benefit a registered charity.