11. Stage 5 - consideration of applications
6.23 Any comments received from the consultation process which are relevant will be taken in to account as part of the consideration of the application at this stage.
6.24 The criteria listed below will be used to consider whether or not an application should be approved. All the criteria should normally be satisfied, and equal weight will be applied to the criteria listed. Each case though will be assessed on its merits and individual circumstances, where appropriate, may be taken into consideration;
6.25 The location of the proposed street trading activity should not present additional risks to the public in terms of road safety, obstruction and fire hazard. The term “public” refers to both customers frequenting the street trading activity, and other members of the public using the location. In particular reference will be made to the guidelines set out in Stage 3 on site safety assessment criteria and observations made by the Highways Authority. Trading consent should not be granted where there is insufficient space, undue interference to pedestrians/road users, where the existence of trading will cause heightened risk or where it would be prejudicial to highway safety.
6.26 The street trading activity should not present a risk to public order in the locality in which it is situated. Observations from the Devon and Cornwall Police will be taken into consideration under this heading. Traders will conduct themselves in a professional manner, having respect for, and treating other traders, council staff and the public fairly and courteously.
Avoidance of Annoyance
6.27 The street trading activity should not cause annoyance from noise, smells, fumes or litter to households, businesses and public land in the vicinity of the proposed street trading site. Observations from Council’s Environmental Health Teams shall be taken into consideration under this heading.
6.28 Generators may be used or permitted at some locations. Where use of a generator is sought at a trading site the application will require details of the noise rating, the fuel type and the storage arrangements and conditions may be imposed to control their use.
Conflict with other like trading outlets and school premises
6.29 The presence of other like trading outlets and proximity of schools shall be taken into consideration as follows:
- The Council will not normally permit a new consent for the sale of goods or services which conflicts with those provided by nearby traders (whether street trading or in business premises).
- Factors include the articles for sale and the geographical location of the proposed site. Each application will be considered on its own merits and on a case by case process.
- Mobile food vendors will not normally be permitted to trade within 500m of a school during the school opening hours.
- On lay-bys there shall only be one street trading consent granted.
Compliance with Legal and Environmental requirements
6.30 The proposed street trading activity should be carried out from a trading unit that complies with the relevant legislation. Observations made on the compliance with the requirements of Food Safety and Hygiene, Health and Safety, Environmental Protection and fire safety legislation shall be taken into consideration.
6.31 The impact of the proposed street trading activity on the local environment including street surfaces, power supply, coastal and inland waters, carbon footprint, supply chain, packaging, waste minimisation, waste disposal and waste generated by customers. Provision of adequate measures to minimise the environmental impact of the proposed operation.
6.32 The Council Plan for 2020 to 2024 highlights key priorities, principles and values including working towards reducing our carbon footprint and enhancing our environment, along with supporting initiatives that promote the health and well-being of our residents. The Licensing team works in support of the Council Plan noting the potential impact to the environment from time limited, outdoor licensed events and will expect applicants to be familiar with initiatives that reduce and mitigate the impact upon the environment. For example the relevance of avoiding of single use plastic drink containers, avoidance of materials that have a detrimental effect to the environment and similar initiatives. The use of biodegradable materials and packaging wherever possible not relying on single use plastics in support a reduction in plastic waste.
Permitted Trading Hours
6.33 All street trading consents will normally be limited to daily trading hours between 8.00 am and 10.00 pm. However in the case of hot food takeaways and fresh produce sellers trading hours will be determined on a case by case basis on their own merits. Any trading between 2300 – 0500 hours must be subject to a separate application under the Licensing Act 2003 where hot food and drink is proposed to be sold.
6.34 The Council retains the right to specify permitted hours of trading that are less than those applied for if local circumstances require it.
Compatibility of the proposed street trading operation
6.35 The proposed trading operation should complement the trading area in which it is situated and/or be compatible with the character of the event to which the consent is related. In assessing this criterion consideration should be given to the type and nature of locality, the type of street trading that will be carried out and the visual appearance of the trading operation being proposed (including any associated equipment or structures). Consents should not be granted when there already exists sufficient retail outlets in the area.
6.36 The stall or vehicle must be maintained in good condition, smart appearance and meet criteria, including size, laid down in the standard Consent conditions. Photographs including dimensions, must be provided with all new applications and requests for approval of changes to or replacement of a stall or vehicle. The general appearance of the vehicle or stall will also be considered in order to determine that the unit will not detract from the appearance of the surrounding area. A trading or towing vehicle must be compliant with DVSA MOT standards being maintained in a roadworthy condition to include tax and insurance.
Avoidance of duplication
6.37 Street Trading has the potential for the overlapping of trading activities covered by different regulatory regimes and services within the Council, for example food charitable collections, sale of alcohol or late night refreshment. In addition, street trading activities may require Planning, Highways or land owner permissions depending on the nature of the trading location. So far as is reasonably practicable the Council will avoid duplication with other regulatory regimes that already place obligations. Street traders are required to ensure all relevant provisions are satisfied with the relevant responsible authority in these respects.
6.38 Pavement licences require a separate application, approval and fee procedure.
6.39 Refusal or withdrawal of street trading consents will be normal in the following circumstances where:
(a) There are not enough suitable street trading locations available in the street for the applicant to engage in the trading in which they desires without causing undue interference or inconvenience to persons using the street.
(b) There are already enough consent holders or people employed by them trading in the street from shops or otherwise, in the goods in which the applicant desires to trade.
(c) A consent holder or people employed by them have failed to comply with the conditions attached to any consent.
(d) The street trading may damage the structure or surface of the street.
(e) Adverse comments are received from the statutory organisations which cannot be overcome.
(f) The imposition of conditions is not adequate to control potential problems.
(g) Extreme weather conditions when street trading may present a risk to the applicant, their staff or other people.
(h) There has been the selling of psychoactive substances.
Varying a consent
6.40 The Act gives the council the power to vary the conditions attached to a consent at any time. Should the holder of a consent wish to change any of the conditions on their consent, they can, at any time, submit a written request to vary the consent. This would be required where the consent holder wishes to change the operating days and/or times or from a different location. A fee will apply to the variation.
6.41 The Council will determine a request to vary a condition or conditions in the same way it would consider a new application by carrying a consultation and making a decision based on the criteria listed in this policy.
6.42 There is no provision for transferring a street trading consent in the Act.