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 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.
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 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.
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.
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 - £245.00 per annum
ii) Over 2 nights a week - £459.00 per annum
Layby Trader Fees
i) Mobile Traders in villages up to 2 nights a week - £803.00 (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.
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
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.
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