Street Trading Consents

Background information

Allerdale Borough Council have adopted the Street Trading Consent Scheme which covers the selling or exposing or offering for sale of any article in a designated street. Streets can be:-

1. Consents Streets - for which consent needs to be given; or
2. Prohibited Street - street trading is prohibited; or
3. Undesignated Streets - not covered by the street trading consent scheme. A fee equivalent to the market rent is charged for consent holders (agreed in annual fees and charges).   

Applications should be made in writing (including by electonic means) to the district council for the area you wish to trade.

You must provide specific information, including details of the street you wish to trade on and the days and times you wish to trade.

You must comply with any conditions attached to a licence.

Eligibility Criteria

You must be over 17 years of age to hold a concent. Consents +will be refused if any of the following grounds exist:

• there isn't enough space in the street you wish to trade in, without causing interference or inconvenience to street users
• you are unsuitable to hold a licence due to any previous convictions or for other reasons
• you have previously failed to pay fees due under another street trading licence or have failed to use a previous street trading licence.

The Council may refuse an application to trade on a Consent Street on grounds they think fit. There are no specific grounds stipulated in the legislation, however, the Council has a policy for granting applications which can be downloaded below. For any refusal or grant subject to conditions the Sub-Committee must state the grounds of refusal for the particular application.

Application Evaluation Process

The Councils consult on all applications received. Under certain circumstances if certain grounds for refusal exist the council may still award a consent but for fewer days than required, or to allow trade in certain items. Where objections are received the application will be considered by a sub committee.

The council will either grant the application or grant it on different terms than those applied for, confine trading to a particular place in a street or vary conditions of the consent.

It is in the public interest that the authority must process your application before it can be granted. If you have not heard from your local authority within a reasonable period, please contact them. You can do this online if you applied through the UK Welcomes service or use the contact details below. You will be informed in writing of the Council's decision.

Conditions

When granting any consent the Council may attach such conditions as they consider reasonably necessary. These may include conditions to prevent:

1. Obstruction of the street or danger to persons using it; or
2. Nuisance or annoyance. A set of standard conditions is normally imposed.
   

Revocation

The Council may at any time revoke or vary the conditions of a consent.

Policy

Policies for the consideration and granting of consents can be downloaded at the bottom of this page.

Appeals

There is no right to appeal to the court. An applicant may make representations to a future meeting of the Licensing Sub-Committee. Following this there is also the option to seek a judicial review.

Consumer Complaint

We would always advise that in the event of a complaint the first contact is made with the trader by you - preferably in the form of a letter (with proof of delivery). If that has not worked, if you are located in the UK, Consumer Direct will give you advice. From outside the UK contact the UK European Consumer Centre.

Standard conditions applied to all Street Trading Consents

1. No trading shall be carried on in such a manner as to cause obstruction of a street or danger to persons using it or a nuisance or annoyance to persons using the street or otherwise. The trading must not obstruct any part of a dropped kerb or vehicle access point.
2. No trading shall be carried on other than from stationary van, cart, barrow or other vehicle, portable or stationary stall which shall be no bigger than the size specified in the Consent.
3. Trading shall only be carried out on the day or days specified in the Consent.
4. To be applicable to mobile food vendors only. The consent holder shall ensure that areas of street, channel and pavement, within 100 metres of the stall, are kept free of waste food, food spillages and grease staining. This shall be done by: (i) cleaning the said area as often as is necessary and at the end of each working day; (ii) providing and emptying two litter receptacles for the use of customers. The receptacles are to be sited within 10 metres of the vendor's location.
5. The Street Trading Consent document shall be clearly displayed on the stall.
6. The consent only entitles the person named on it, or his employee, to operate on a stall only at the location named on the Consent. The location shall be as specified in words on the Consent and accompanying map.

Applications

Apply online (add link)

Public Register - there is no public register street trading consents though information on current consents is available on request.

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