Street trading policy

3.1 How new applications will be decided

3.1.1 Due to the very limited number of consent street pitches it is rare for a street trading pitch to become available. Therefore once an existing pitch becomes available or a new pitch is proposed the details will be available on the WHBC's website for six weeks. Once all declarations of interest have been received the licensing subcommittee will meet to determine which application is the most suitable for the proposed pitch. Reserve applicants will also be chosen where appropriate in the event that the first applicant is no longer able to proceed. 

3.1.2 Those on the current waiting list will be advised of the new system once this policy has been adopted. WHBC can also provide advice in relation to other requirements of a new licence holder, for example, food safety, planning permission or building control approval. 

3.2 Applications

3.2.1 All applications must be made on WHBC's prescribed application forms at Appendix A

3.2.2 The following will also be required to be submitted with the application:

(i) A description and photograph of the container from which the proposed trading will take place. The description to include, size, colour, signage, method of transport, number of staff and products to be sold.
(ii) Confirmation that adequate levels (at least 5 million pounds) of third party and public liability insurance is, or will be, in place during street trading activity.
(iii) Where food is being sold, the applicant must also be a registered food business
(iv) Any trader selling food must achieve a minimum Food Hygiene Rating Score of [3] in order to be eligible for a consent. The consent would be revoked where the trader falls below this minimum rating of [3.]
(v) Where a street trading consent or licence has previously been revoked, either by WHBC, or any other authority, WHBC may refuse an application for consent.

3.3 Processing of an Application

3.3.1 Once all applications have been received and judged relevant (correct documentation and site applied for) a licensing subcommittee will be arranged.

3.3.2 An officer may visit the applicant and inspect the vehicle, barrow, cart, van, portable stall or other vehicle or premises which the applicant intends to trade from.

3.3.3 The applications will be:

(i) considered by the licensing subcommittee and the most appropriate applicant will be granted a trading consent with conditions attached once the appropriate fee has been received; or
(ii) if the appropriate fee is not received within two weeks the consent will be offered to the second choice applicant and so forth
(iii) Once a consent has been granted all other applicants for that particular pitch will have their application refused.

3.3.4 WHBC may have regard to the number, nature and type of traders already trading within a consent area when determining an application.

3.3.5 A street trading consent may be granted for any period not exceeding 12 months but may be revoked at any time

3.3.6 There is no right of appeal against a variation of a condition, or refusal to grant or renew a Street Trading Consent.

3.4 Consents

3.4.1 Consents may be issued for a period of up to twelve consecutive months, or quarterly if paid for in that manner.

3.4.2 All Consents that have not been renewed by their expiry date will automatically cease to exist and trading must cease until such time as a new Consent has been granted.

3.4.3 Once a Consent has lapsed for four weeks the pitch will be advertised as an available pitch open to applications from interested parties.

3.4.4 WHBC acknowledges that overly burdensome regulation and cost will discourage town centre community and cultural activity, particularly the requirement for each individual trader to obtain their own Consent. In order to encourage town centre activity. Therefore WHBC have developed multiple user Consents that will simplify this process (see sections 3.5, and 3.6).

3.5 Town Centre Consents

3.5.1 WHBC may administer on behalf of our town centre teams consents that cover areas of land in our town centres that are suitable for street trading use. Each Town Centre Consent will be accompanied by a plan clearly identifying those areas covered by the consent. This will remove the need for each individual trader to obtain a consent as they can apply directly to the town centre team for permission to trade and this should encourage town centre activity.

3.5.2 The consents can be issued for a maximum period of twelve months and will be to a named individual from the Town Centre Teams at WHBC.

3.5.3 Town centre consent areas are decided by the council before the adoption procedure can be carried out for a consent street. This process is defined inthe Local Government (Miscellaneous Provisions) Act 1982 Schedule 4 section 2.

3.5.4 Traders wishing to use the town centre consent will need to complete the multi user application form at Appendix A and submit it to the town centre team and must be age 17 or over.

3.5.5 The consent holder will be responsible for ensuring compliance with the conditions attached to the consent at all times whilst the consent is being used to facilitate street trading.

3.5.6 The consent holder, will be able to allow his/her consent to be used by commercial or not-for-profit organisations, however, no charge can be made for the use of the consent by not-for-profit organisations. There is a fee payable to Licensing for the administration of the consent which is contained in the fees table in Appendix B.

3.5.7 The consent holder will be required to keep records of all traders that use the Town Centre Consent including: date, trading location, name and company name (where appropriate), address, vehicle registration and contact telephone number.

3.5.8 Applicants wishing to use the town centre consent will need to provide the following with their application.

(i) A description and photograph of the container from which the proposed trading will take place. The description to include, size, colour, signage, method of transport, number of staff and products to be sold.
(ii) Confirmation that adequate levels (a minimum of 5 million pounds) of third party and public liability insurance is, or will be, in place during street trading activity.
(iii) Where food is being sold, the applicant must also be a registered food business.
(iv) Any trader selling food must achieve a minimum Food Hygiene Rating Score of [3] in order to be eligible for a consent. The consent would be revoked where the trader falls below this minimum rating of [3.]
(v) Where a street trading consent or licence has previously been revoked, either by WHBC, or any other authority, WHBC may refuse an application for consent.
(vi) There is no right of appeal against a variation of a condition, or refusal to grant or renew a Street Trading Consent.

3.5.9 The consent holder will be required to keep records of all traders that are refused use of the Town Centre Consent including, date, name and company name (where appropriate), address, contact number and reason for refusal. Town Centre Consents provide exclusive control over trading in the designated area by WHBC town centre teams.

3.6 Special Events/ Markets/ Temporary markets

3.6.1 If there are five or more stalls at any one time this constitutes a market and is therefore exempt from this policy. See 1 .48

3.7 Annual Consents with Quarterly Payments

3.7.1 WHBC acknowledge that the cost of an annual consent can sometimes prove prohibitive to new and small street trading businesses.

3.7.2 To assist such commercial activity WHBC will offer the grant of a twelve month Street Trading Consent, subject to quarterly fee payments in advance.

3.7.3 Each consent will be issued for a three calendar month period upon the payment of the quarterly fee. Provided that the subsequent quarterly fees are paid prior to the expiry of each quarterly consent, a further consent for three calendar months will be issued until such time as the total consent period has reached twelve consecutive calendar months.

3.7.4 Once a consent period of twelve consecutive calendar months has been reached, a renewal application will be required which will be subject to the normal process of submitting a renewal application.

3.7.5 If the requirements of section 3.7.3 above are not complied with, the annual consent will automatically cease to have effect, save for exceptional circumstances at WHBC's written discretion, and no further trading in connection with that consent will be permitted until such time as a new Consent has been granted.

3.7.6 Once a consent has lapsed for four weeks the pitch will be advertised as an available pitch open to applications from interested parties