4. Locations, Permissions
4.1 East Devon District Council Owned Land
When deciding where to trade, you must consider which permissions you may need
(a) Any trading from any parks, car parks, open spaces, beaches or other land owned by East Devon District Council will require prior consent to hire the land and to conduct the activity before trading can be approved. The Council aims to ensure that only one fee is charged for use of land, although other chargeable contracts, permits or licenses may be required.
(b) Consent for trading on the Councils land should be sought and initial confirmation received from Events/Property & Estates before any consideration to receiving a street trading application. The licensing team reserve the right to decline the commencement of Stage 3 consultation for street trading that does not have the initial approval to use the land.
(c) Officers cannot contact other departments on your behalf. All permissions should be in place before you submit your street trading application or an enquiry submitted to the events team for permission is principle.
(d) Public Liability Insurance which will not be provided by the Council. The responsibility for reviewing and confirming all necessary insurance cover, including trading will be required by the Events team ensuring sufficient insurance cover exists for any events occurring on EDDC land.
4.2 Privately Owned and Enclosed Land
If you wish to trade on private land, written approval from the land owner must be obtained prior to making an application. Trading on privately owned land that abuts or joins any highway will usually require consent and persons wishing to trade from such areas should contact the licensing team prior to submitting an application or commencing trading. Trading on privately owned land may also require Street Trading Consent.
Street trading consent may not be required for privately owned land where access is restricted to the public as a result of;
(a) The public being required to make payment for entering, or
(b) Permanent, raised structural boundaries surrounding the trading location (walls, fencing and gates), or where access is gained by entering a building or premises, or
(c) On land within the approved plan of any premises being licensed for sale of alcohol, for example public house gardens and other licensed outdoor areas. Licensing reserve the right to review areas of land sought for trading that are outside the defined plan (for example beside, nearby and otherwise not part of a currently licensed area).
(d) Caravan and camping sites where the public do not have free or unobstructed access will be reviewed on a case by case basis. Where public access is restricted and where trading is not conducted on to a public area, trading consent will not be required.
(e) Where existing businesses seek to allow trading or traders directly outside that premises selling products of the same nature or by providing access to their staff. The circumstances will be reviewed to consider inviting an application as commercial trader outside the premises.
(f) Consent for trading from privately owned land and all land other than EDDC land should be confirmed in writing to the licensing team. Licensing may decline commencement of street trading consultation for trading that does not have the written approval to use the land.
(g) Where trading is conducted directly onto any road or highway from an unrestricted location, street trading consent will be required. It is the responsibility of each applicant, in the first instance, to identify the location(s) they wish to consider trading from as there is no designated list of street trading ‘pitches’ provided by the licensing team.
Consents
4.3 In the case of mobile street traders where there is a genuine need to ply trade in many locations, being those who move from street to street in residential areas/housing estates in a way that involves continuously moving around, but trade for less than 15 minutes at any one point and who don’t return to a similar trading position within 24 hours (e.g. an ice-cream van).
4.4 Mobile street traders must adhere to relevant traffic legislation and conduct business in a safe manner. Conflict with an existing business in the immediate vicinity will not support trading under these circumstances.
4.5 Consents may be granted on a daily, weekly, monthly, seasonal or yearly basis. No consent shall be longer than 12 months. All consents will expire on the expiry date and further trading will require a new application to be made and granted. It is advised that a new application is applied for sufficiently in advance of the expiry date.