Street trading licences

Application for a street trading licence under Local Government (Miscellaneous Provisions) Act 1982

This page gives basic guidance to applicants. It is not and cannot be a complete statement of the law and you are advised to seek advice either from the Council or independent legal advice if you are in any doubt as to the requirements for a street trading consent.

The Local Government (Miscellaneous Provisions) Act 1982 - part III allows Councils to adopt a policy whereby designated streets or villages require consent for people to trade on them. The Consent Street trading provisions were adopted to control street trading within the South Cambridgeshire District.

The Council may by resolution designate any street in this district as a consent street, that is a street in which trading is prohibited without consent from the Council.

Who needs to apply?

Any person wishing to sell or offer for sale any article in a consent street, including the following examples:-

  • Fish and Chip vans
  • Kebab & Burger vans
  • Ice Cream vans
  • Indian & Chinese Food vendors
  • Flower Sellers

If the list above does not cover the type of items you wish to sell, it does not mean you are exempt from a the requirement to have a consent. You must check with the Licensing Officer in all cases.

If you are thinking about trading in the South Cambridgeshire area, do not presume that you will be granted a licence. Speak with a Licensing Officer prior to application or purchasing a van, as there is no guarantee you will be licensed within this District.

Application of consent

Application forms are issued for street trading and the following details must be given:-

  • Full name and address;
  • The street in which you wish to trade;
  • The days and times you wish to trade;
  • A description of articles proposed for sale;
  • A description of the stall or vehicle you propose to use in connection with the trade of those articles; and
  • A location map with an indication of where stall/vehicle to be sited.

Consultations

Upon application the Council will consult with the following bodies:-

  • The local Highways Agency
  • The local Parish Council and local Member(s)
  • The Police

The consultation process will take 2-3 weeks. If no objections are received then consent will be issued, subject to conditions. Licences run from the 1st April to the 31st March each year, and consultations will also take place upon renewal. The fee becomes payable before the consent is issued and will depend upon the number of trading days allowed.

Objections to application

If objections are received, the Licensing Officer will try to resolve any problem between the applicant and objector. If a compromise cannot be met and the objector, applicant and Council do not agree, the application is referred to the Licensing Committee for decision. The Licensing Committee does not meet each month and consequently the application may take several further weeks to be decided upon.

Where you can trade and what to consider

It is advisable to contact the Licensing Officer to discuss whether the street you want to site your stall or van on is available, or if it is a street requiring trading consent. The Council has a list of consent street villages which is sent out with the application forms. When applying it is important to consider the following: -

  • Suitability of site
  • Parking safety/traffic management
  • The environmental impact on local residents (i.e. noise, litter and air pollution)
  • If the village needs another food outlet
  • Hours of operation
  • Frequency of trading

Where consent is not required

For the many roads where consent is not required it is important to advise the Licensing Officer of dates, times and location of food trading in order to allow Food Hygiene inspections to be undertaken.

Fees

The fee for your application will depend on where you wish to apply.

Street Trading Fees

i) Mobile Traders in villages up to 2 nights a week - £235.00 per annum

ii) Over 2 nights a week - £440.00 per annum

Layby Trader Fees

i) Mobile Traders in villages up to 2 nights a week - £787.00 (including rates)

All County 'A' roads in South Cambridgeshire (except the A11 and A14) have a separate fee, which is payable in two instalments. Contact the licensing service for more information about fees.

Application Forms

You can apply online for this licence via Business Link (in partnership with EUGO). Simply create yourself an account (if not already registered) to complete the forms and make your payment, if applicable.


Extract from the Local Government (Miscellaneous Provisions) Act 1982

OFFENCES

10. (1) A person who -

(a) engages in street trading in a prohibited street; or

(b) engages in street trading in a licence street or a consent street without being authorised to do so under this Schedule; or

(c) contravenes any of the principal terms of a street trading licence; or

(d) being authorised by a street trading consent to trade in a consent street, trades in that street:-

(i) from a stationary van, cart, barrow or other vehicles; or

(ii) from a portable stall

without first having been granted permission to do so under paragraph 7 (8) above; or

(e) contravenes a condition imposed under paragraph 7 (9) of the Act, shall be guilty of an offence, (i.e. where permitted to trade and the permitted hours).

(2) It shall be a defence for a person charged with an offence under sub-paragraph (1) above to prove that he took all reasonable precautions and exercised all due diligence to avoid commission of the offence.

(3) Any person who, in connection with an application for a street trading licence or for a street trading consent, makes a false statement which he knows to be false in any material respect, or which he does not believe to be true, shall be guilty of an offence.

(4) A person guilty of an offence under this paragraph shall be liable on summary conviction to a fine not exceeding £1000.

Food Hygiene Regulations/Food Safety

You will need to speak with an Environmental Health Officer (Food/Health & Safety) on 03450 450 063 for further advice. This will form part of the application process, and advice must be sought on this subject.

Contact Details