Street trading policy
Key considerations when assessing an application
The following criteria apply to all types of street trading:
- The proposed location of the activity should not present a significant risk to the public in terms of highway safety and obstruction.
- Some locations may be considered unsuitable or may require an officer visit before a consent can be issued.
- Applications in respect of sites that have previously been the subject of refusal due to the unsuitability of the location, are unlikely to be accepted.
Prevention of crime and disorder
- The proposed activity should not present a risk of crime and disorder to the public.
Prevention of nuisance
- Activities at the pitch must not cause a nuisance or annoyance to neighbouring properties, this includes businesses. Controls must be in place to ensure that nuisance from noise, light, refuse, vermin, fumes, obstruction, littering, and smells does not occur.
- If at any time we receive complaints the nuisance is occurring, we are duty bound to investigate and, if complaints are found to be justified, we may decide to withdraw the consent.
Suitability of the applicant
- We will consider any unspent the convictions the applicant may have.
- We will reserve the right to request a basic disclosure check where the we deem there is a risk to children and/ or vulnerable people. Examples of circumstances where basic disclosure may be required are ice cream sellers.
- When determining whether an applicant is suitable, we will look at the reliability of the applicant in paying fees and charges based on previous history.
- An applicant’s history of street trading will also be taken into consideration e.g. whether previous street trading consents have been used appropriately and whether the council’s requirements and street trading conditions have been followed, including deadlines.
Suitability of the trading stall
- The vehicle, trailer or stall (now referred to as a ‘stall’ within this policy) to be used should be of a high quality design, build, add to the quality of the street scene and be adequate for the purpose intended.
- The stall must meet with all of the consent conditions.
- The stall may be inspected by one of our officers prior to consent being issued.
- Only stalls approved by an authorised officer can be used.
- The stall will comply in all respects with any legal requirements relating to the activity proposed.
- The stall must be removed each evening, unless it is permitted by the consent.
- Colours should be chosen which are suitable for the surroundings.
- The stall shall be of such a design that it facilitates timely and efficient removal.
- The stall shall be of robust construction and materials that the daily removal will not result in the rapid deterioration in appearance of the unit.
- Stalls and ancillary equipment and stock must be contained within the pitch.
- Prior to any consent being issued or in cases where a consented trader wished to change the stall, prior approval must always be sought from us. Proposals must include all display equipment and any attached, projecting or free standing elements.
- The design and appearance of the stall must be agreed by an officer before consent will be granted.
- Generators shall be positioned so as to reduce the length of cabling required to an absolute minimum and to minimise nuisance to local residents or businesses from noise or fumes.
- Where required, silenced generators or acoustically insulated generators should be sourced.
- Advertising should only relate to goods offered for sale on that pitch.
- Third party advertisements are prohibited.
- It is not permitted to illuminate any advertisement on the outside of the stall kiosk without express consent of the council.
- The use of ‘A’ boards is prohibited for certain sites (for example, Lichfield city centre).
- Barriers will only be allowed on a consent pitch where they have been specifically included within the stall’s approval.
Hours of trading
Trading hours will be set on the basis of promoting the following purposes:
- Preventing crime, disorder and antisocial behaviour.
- Avoiding nuisance.
- Protecting public safety.
- Preventing obstruction of the highway.
- Having regard to location and operating hours of business activity.
Selling the right goods
With the exception of events and festivals, we will not normally grant a consent for the sale of goods which replicate or conflict with those provided by nearby shops.
If a street trader has used a location regularly and a shop selling similar goods begins trading in the area, we may choose to continue to grant consents to that street trader.
The types of goods allowed to be sold will be considered on a pitch-by-pitch basis and specified on the consent.
Anyone wanting to have a stall must clearly state the nature of the proposed goods. The goods must not:
- Cause a nuisance or annoyance to nearby properties/ people, including cooking smells, smoke, noise, litter and additional cleansing requirements for the Council.
- Cause or contribute to crime and disorder – including the selling of fake or counterfeit goods.
In determining whether street trading in a particular area is appropriate the council will have regard to:
- Any effect on road safety, either arising from the siting of the pitch or from customers visiting or leaving.
- Any loss of amenity caused by noise, traffic, smell etc.
- Existing traffic orders e.g. waiting restrictions.
- Any potential obstruction of pedestrian, vehicular or disabled access.
- Any obstruction to the safe passage of pedestrians and wheelchair users.
- The safe access and egress of customers and staff from the pitch and immediate vicinity.
- The consent holder will at no time have the exclusive right to trade from the street or any part of it.
- Street trading can take place in the area outlined in the consent and on days and hours detailed in the consent.
- The consent holder may only trade in goods that are outlined on the consent.
- A copy of the consent shall be made immediately available upon request to an authorised officer or the police.
- Auction sales shall not be permitted as part of the consent.
- All street trading units will be equipped with safe and adequate lighting for the operation during the hours of darkness.
Failure to comply with any of these requirements may result in refusal to issue consents or withdrawal of consent.