Street Trading
The Local Government
(Miscellaneous Provisions) Act 1982 lays down certain regulations
concerning street trading.
Street trading means selling, exposing or offering for sale any
article in the street. The term 'street' includes footways, car
parks, public lease forecourts and generally any area where the
public have access without payment.
Within the Rochford district the consent of the Council is required
to carry out street trading in certain streets designated as
'consent streets'. A list of 'consent streets' can be
accessed via the link below.
Street trading consent is separate from any other consent, which
may be required such as planning permission, premises licences,
pavement permissions or permission from the highways
authority.
Applications for the grant or a renewal of a Street Trading Consent
must be sent to: -
The Licensing Unit
Rochford District Council
3 19 South Street
Rochford
SS4 1BW
Where the application is for the
initial grant of a Consent, the applicant must also send a plan
drawn to a scale of 1:100 and display a notice on or in the
vicinity of the premises giving details of the application.
The fee to apply for either the
grant or renewal of a Street Trading Consent is £185.00.
On receipt of an application for
the grant or renewal of a Consent, the Council will consult the
following:
- The Highway Authority.
- The Police Authority.
- The Local Planning Authority.
- The Local Chamber of Commerce.
- The appropriate Parish Council.
- Adjacent properties.
- Frontagers.
Where objections are made, the
application will be processed in accordance with the procedures
described in 'How We Will Process Applications' reached via the
Related Documents section below.
It is a requirement for the grant
of a Street Trading Consent that the trader provides third party
liability insurance in the sum of £5,000,000.00 and indemnifies
Rochford District Council and Essex County Council against all
claims in respect of injury, damage or loss arising out of the
grant or renewal of the consent.
Proof of the existence of third
party liability insurance will be required prior to issue of the
Consent.
A Street Trading Consent is valid for one year from date of grant
or renewal.
Exemptions from the need
to obtain consent
Some types of trade are exempt from the need to obtain consent to
trade in a street. These include:
1. Pedlars trading under the authority of a Pedlar's
Certificate. (These are issued by the Police, the police covering
the Rochford District Council area are based at Rayleigh Police
Station, 119, High Street, Rayleigh, Essex, telephone 01268
775533.
2. Trade carried out by rounds-men, eg. Milkmen.
3. News vendors trading in the sale of newspapers and
periodicals only, provided that they are not sold from a stall or
similar structure or, if they are, that stands on the carriageway
of a street and its dimensions do not exceed one metre in length,
two in height and does not occupy a ground area of more than 0.25
square metres.
4. Trade at fairs and markets, which have a right to
trade.
5. Trade at petrol stations.
6. Trade carried out in a street adjoining a shop provided it
is part of the business of the shop (such business must not
obstruct the highway or pavement area).
7. The sale of articles for charity under a Street Collection
Permit.
If you need any further
information, please contact the Licensing Unit at the above address
or by telephone on
01702 318058 or by email at:
licensing@rochford.gov.uk
Tacit consent will apply to these
applications. This means that you will be able to act as though
your application is granted if you have not heard from the local
authority by the end of the target completion period which is 60
days.