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 in Related Content.
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
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 £256.00.
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.
Where objections are made, the application will be processed in accordance with the procedures described in 'How We Will Process Applications' is in Related Content section.
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:
- 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.
- Trade carried out by rounds-men, eg. Milkmen.
- 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.
- Trade at fairs and markets, which have a right to trade.
- Trade at petrol stations.
- 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).
- 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 318111 or contact Licensing using this form.