If you are thinking of applying for a Street Trading Consent please contact the Licensing Officer on the details below for advice.
South Staffordshire District Council ("the Council") has adopted the provisions of Schedule 4, of the Local Government (Miscellaneous Provisions) Act 1982, ("The Act") for the Street Trading Consent scheme which allows for the regulation of street trading within the district.
This means that before you can trade in any street you will need to obtain a consent to do so from the Council. It is a criminal offence (punishable by a fine of up to a £1000) not to do so.
The Street Trading Policy will be applied to the whole of the district of South Staffordshire and every street within the district of South Staffordshire has been designated as a consent street to assist in consistency of decision making and enforcement. It follows therefore that Street trading, within the consented areas, is regarded as an acceptable activity by the Council ; provided it:
- is located where it makes a positive contribution,
- complements existing premises based trading,
- adds interest, diversity and consumer choice to the area; and
- does not adversely affect safety or local amenity.
When Is Street Trading Consent NOT Required?
Under ‘the Act' the following do not need a street trading consent:
- A person trading under the authority of a Pedlars Certificate granted under the Pedlars Act 1871;
- Trading as a news vendor within a maximum area of 0.25 square metres, this includes ‘Big Issue' sellers [Big Issue Sellers are managed by the Big Issue Foundation];
- Trading which is carried on at a petrol filling station; or at premises used as a shop or in a street adjoining premises and used as part of the business of the shop;
- Anything done in a market or fair, the right to hold which was acquired by virtue of a grant, enactment or order;
- Trading in a trunk road picnic area under Section 112 of the Highway Act 1980;
- Trading as a roundsman e.g. milkman.
It has been established in law that mobile ice cream sales will not be deemed to be exempt from street trading consents on the grounds that they are not roundsmen.
Charitable Street Trading/Collections
South Staffordshire Council issues permits for charitable street collections. Persons may be permitted in any street or public place to collect money or sell articles for the benefit of charitable or other purposes. Collections cannot be held in any street or public place unless a permit has been obtained.
Application and Guidance
The application process is detailed in the Street Trading Policy.
All fixed site applications must be accompanied by a site location plan, which must show the exact proposed trading position.
Applicants must ensure that permission is obtained from the relevant highways authority and that planning permission has been granted for the proposed pitch/site. Documented evidence of this must be provided as part of the application.
Each application will be considered on its own merits so that individual circumstances may be taken into account and exceptions may be made to this policy where appropriate.