Policy Street trading policy and application guidance

Show all parts of this policy

17. Street trading consent standard conditions and terms

1. A copy of this consent shall be displayed by the consent holder in a conspicuous position that is visible to members of the public and shall be produced for inspection if requested by an authorised officer of the Council or the Police.

2. In the case of a block consent where the application did not contain all of the required information for all stalls, it is the responsibility of the consent holder to ensure that the Council has given its written approval to all stalls prior to the event commencing.

3. The consent holder shall comply with all relevant legislation applicable to the street trading activity and ensure that where applicable the consent holder has and maintains a current Food Hygiene Rating Scheme score of at least 3 and gas safety inspection certificate.

4. The consent holder must notify the Licensing Manager immediately of any convictions or proceedings arising out of the consented activity.

5. The consent holder shall not assign his interest in this consent or any part thereof nor allow any person or trading unit, other than a person employed to assist the holder, to rely on it.

6. The consent holder shall observe and comply with any directions in relation to the consented activity or use of the street / public place by a duly authorised officer of the Council or the Police.

7. The consent holder shall for the duration of the consent maintain a valid Third Party Public Liability Insurance Policy for a minimum of £2,000,000 to the satisfaction of the Council and shall produce a valid certificate of such insurance at any time upon request by an authorised officer of the Council.

8. This consent does not imply or grant exclusive rights to the holder for use of the location specified in the permission. If at any time at the permitted trading location other statutory bodies or organisations require access and use of the location to carry out emergency or other remedial works, they shall be afforded such access for such time as is necessary.

9. The consent holder shall not carry out any street trading activities other than those permitted by the consent and is expressly prohibited from;
(i) selling Psychoactive Substances,
(ii) holding an Auction Sale
(iii) selling, displaying or wearing any article which is or is intended to be offensive either in writing or pictures.

10. The consent holder shall not trade outside of the permitted location / route and the permitted times and days.

11. The consent holder shall not trade in such a way that is likely to cause;
(i) undue obstruction to any part of any street or public place, or
(ii) injury to any person using the street or public place, or
(iii) damage to any property in the street or public place, or
(iv) annoyance to persons using the street or public place, or occupiers of premises in the vicinity.

12. The consent holder shall at all times conduct their business in a clean, honest, civil and businesslike manner so as not to interfere with the business of other traders and consent holders.

13. Music may be played subject to having appropriate PRS and PPL licenses provided that the music shall not be audible outside the vehicle or beyond the boundary of the consented area without prior consent in writing from the Council.

14. The consent holder shall not place on the street or in a public place any furniture or equipment other than as permitted by the Council and he must maintain the same in a clean and tidy condition and not place them so as to obstruct the entrance or exit from any premises.
15. Outside of the consented area the consent holder shall not place on or in any street or public place, or affix to any equipment placed on the street or public place, any advertising of any description whatsoever except with the prior consent in writing from the Council

16. At the expiry of the consent, all stalls, vehicles or other equipment associated with the street trading activity must be removed within 30 minutes of the expiry of the trading hours.

17. The consent holder when operating on a static site shall have access to suitable and sufficient sanitary accommodation for anyone carrying out the street trading activity.
18. With respect to litter and waste the consent holder shall;
(i) provide and maintain refuse receptacles for litter and shall remove waste arisings from the site on a daily basis and dispose of them in an approved manner,
(ii) keep their trading position and the area within 25m of the pitch in a litter free condition during the permitted hours and also leave the same in a litter free condition at the end of each daily period permitted by this consent,
(iii) make such provision as is necessary to prevent the deposit in any street or public place of solid or liquid refuse and shall not discharge any water or effluent from the street trading activity to street surface drainage or other watercourse.
19. Consent holders must notify the Licensing team of any variation to trading times or frequency, including absence in excess of 4 weeks. The reasons for any absence will be treated according to the individual circumstances provided.
20. The Council reserves the right to withdraw consent at any time should the land be required by the land owner. The requirement of the landowner approval is specific to this consent being in place.
21. The Council reserves the right to withdraw consent at any time should new development surrounding the trading location impact on the suitability of the location.
22. Should a gazebo or marquee be permitted by the Street Trading Consent and used by the Consent holder the following conditions apply:
i. Heavy ballast weights must be used at each leg to withstand uplift forces from wind. Calculations from the manufacturer, supplier or installers to show the weight requirements for each leg must be obtained and complied with.
ii. Anchorage should also prevent lateral movement of the structure. Ropes to anchorage points must not obstruct movement around or within the structure
iii. The Consent holder should be aware of the design wind load of the structure, and have a procedure for monitoring weather forecasts, and making safe by removal of covers any structure likely to be put at risk by high winds
iv. The structure must be British fire-rated BS 5438 and/or BS 7837 (or any replacement standard) and marked accordingly, the Licensee must carry out a fire risk assessment of the structure.
v. Domestic garden gazebos and old style market gazebos cannot be accepted as they are not structurally safe for use in public areas.
vi. Gazebos/stall coverings/marquees must be kept visually appealing and compliment the character of the area
23. All drinks served for shall be served in reusable Plastic/Polycarbonate or similar containers, no glasses or bottles are to be permitted.
24. The Consent holder must ensure that the area where the street trading activity takes place is kept clean and clear of refuse and litter throughout the operating times. Refuse and litter deposited on the highway in the vicinity of the street trading unit/s and other objects must be removed at the Consent holder's expense under the Environmental Protection Act 1990. The Consent holder must ensure that the street surfaces are kept clean at all times and should have particular regard to the removal of grease, fat deposits and similar to ensure that the surface does not present a hazard to users.
25. It is a condition of this Consent that clear routes of access around the street trading unit and the highway must be maintained, taking into account the needs of disabled people, and the recommended minimum footway widths and distances required for access by mobility impaired and visually impaired people as set out in Section 3.1 of https://www.gov.uk/government/publications/inclusive-mobility. The Licensee must comply with the Guidance of the Secretary of State with regard to the needs of disabled people and the recommended distances required for access by disabled people, such guidance being shown at the following address or such other updated guidance as may be issued https://www.gov.uk/government/publications/pavement-licences-draft-guidance/draft-guidance-pavement-licences-outdoor-seating-proposal

The Council may vary any of the conditions attached to a consent or add new conditions at any time, subject to reasonable notice being given to the consent holder.

This consent may at any time be revoked by the Council or surrendered by the consent holder.

The holder shall return this consent to the Council immediately on revocation or surrender of the consent. The Council shall not in any circumstances whatsoever be liable to pay any compensation to the holder in respect of such revocation.

Nothing contained in these conditions shall relieve the consent holder or his employees or agents from any legal duty or liability and the consent holder in carrying out the consented activity agrees to indemnify the Council in respect of all claims, actions, demands or costs arising from this consent.