Street trading licences

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

This page is not and cannot be a complete statement of the law and you are advised to seek advice either from us 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 3 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.

We 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 us.

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 and burger vans
  • Ice cream vans
  • Indian and 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 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 provided:

  • Colour photographs of the trading vehicle/trailer of what this will look like once trading, front and side views.
  • A map of the location/area/route in which you will be trading from.
  • Your national insurance number.
  • A copy of your driving licence or that of the person who will drive the vehicle or tow the trailer.
  • Details of all employees including all name, address, date of birth and national insurance number.
  • Proof that you are registered with the Food Control unit.
  • Proof of right to work in the UK.
  • A basic DBS certificate. It is advised you join the Update Service.
  • Two identical passport style photographs of yourself and any employees clearly named on the reverse of the image.
  • Completed application form.
  • The correct fee.

Consultations

Upon application, we 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 4 weeks. If no objections are received then consent will be issued, subject to conditions. 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.

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. We have 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 (for example, 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.

List of Streets where Consent is required

Fees

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

Street Trading Fees

  • Mobile Traders in villages up to 2 nights a week - £252.00 per annum
  • Over 2 nights a week - £471.00 per annum

Layby Trader Fees

  • Mobile Traders in villages up to 2 nights a week - £823.00 (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 for this licence by completing the form below and submitting this to our offices in Cambourne.

Extract from the Local Government (Miscellaneous Provisions) Act 1982

Offences

  • A person who engages in street trading in a prohibited street; or
  • a person who engages in street trading in a licence street or a consent street without being authorised to do so under this Schedule; or
  • a person who contravenes any of the principal terms of a street trading licence; or
  • a person who being authorised by a street trading consent to trade in a consent street, trades in that street, from a stationary van, cart, barrow or other vehicle or from a portable stall without first having been granted permission to do so under paragraph 7 (8) above; or
  • contravenes a condition imposed under paragraph 7 (9) of the Act, shall be guilty of an offence, (for example, where permitted to trade and the permitted hours).
  • 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.
  • 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.
  • 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.

Street trading - Proposed Resolution to Re-Designate Streets Within South Cambridgeshire District as Consent Streets

Notice is hereby given South Cambridgeshire District Council ("the Council") in accordance with Paragraph 2 of Schedule 4 to the Local Government (Miscellaneous Provisions) Act 1982 intends to pass a resolution with regard to street trading.

Notice is hereby given that South Cambridgeshire District Council intends a resolution be passed rescinding the current prohibited streets designation prior to the passing of a further resolution designating all streets within the district as consent streets for the purpose of street trading. A draft of the proposed resolution is set out below:  

"RESOLVED that pursuant to Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982, that the current prohibited streets designation with the Council area be rescinded and that with effect from 1 March 2022, all streets within the district shall be designated as consent streets for the purposes of street trading."

There shall be excluded from the designation in the resolution above any area of land which is from time to time in the ownership and control of a Public Authority or a registered charity other than any highway which is included from time to time on the list of streets maintainable at public expense pursuant to section 36(6) of the Highways Act 1980, currently A11 and A14.

For the purposes of this resolution above "ownership and control" means having a sufficient estate or legal interest in the area of land to enable the relevant Public Authority or registered charity to restrict and regulate the use of that area in the public interest and "Public Authority" means Cambridgeshire County Council or South Cambridgeshire District Council or any Parish or Town Council the whole or part of whose area falls within the boundary of the district of South Cambridgeshire.

It is proposed the resolution will take effect on 1 March 2022.

Persons wishing to make representations about the proposed resolution must be received no later than 14 October 2021,  either in writing to The Licensing Section, South Cambridgeshire District Council, South Cambridgeshire Hall, 6010 Cambourne Business Park, Cambourne, Cambridge, CB23 6EA or by email to licensing@scambs.gov.uk. All such representations received by this date will be considered before it is decided whether or not to pass the resolution.

Dated: 15 September 2021

Liz Watts, Chief Executive, South Cambridgeshire District Council

 

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