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Street trading

 The Council has adopted Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982 to control street trading for the whole of its area. The Council designated all streets in Tandridge as Consent Streets for street trading purposes. See legal definition of street below.

The effect of this designation is that street trading in any street in the Tandridge District Council area is prohibited unless you have obtained a consent to trade from the Council (subject to the legal exemptions).

If you undertake street trading without obtaining consent you can be prosecuted. The current fine upon conviction is £5000.

A street trading consent is issued for the period 1 May until 30 April the following year. However, half year consents can be issued for the period 1 May until 31 October for seasonal activities such as the sale of ice cream.

Special arrangements have been agreed for community events and temporary, farmers or continental markets and further details on these initiatives can be obtained by contacting Environmental Health.

Street trading

Means the selling or exposing or offering for sale of any article (including a living thing) in any street.

Street includes:

a. Any road, footway, beach or other area to which the public have access without payment.

b. A service area as defined in section 329 of the Highways Act 1980, and also includes any part of a street.

Consent Holder means the person or company to whom the consent to trade has been granted by the Council.

Legal exemptions

The following street trading activities are exempt from the requirement to obtain a prior consent from the Council:

  • Trading by a person acting as a pedlar under the authority of a pedlar's certificate granted under the Pedlars Act 1871.
  • Anything done in a market or fair the right to hold which was acquired by virtue of a grant (including presumed grant) or acquired or established by an enactment or order.
  • Trading in a trunk road picnic area provided by the Secretary of State under section 112 of the Highways Act 1980.
  • Trading as a newsvendor (providing certain operating conditions are met).
  • Trading which:
    o is carried on at premises used as a petrol filling station; or
    o is carried on at premises used as a shop or in a street adjoining premises so used and as part of the business or shop.
  • Selling things, or offering or exposing them for sale, as a roundsman.
  • The use for trading under Part VIIA of the Highways Act 1980 of an object or structure placed on, or in or over a highway.
  • The operation of facilities for recreation or refreshment under Part VIIA of the Highways Act 1980.
  • The doing of anything authorised by regulations made under section 5 of the Police, Factories, etc. (Miscellaneous Provisions) Act 1916.

Please note that it has been established in law that street trading controls apply to mobile ice cream sales as they are not roundsmen and therefore need a consent to operate in Tandridge.

The location(s) of any street trading must be acceptable to Surrey County Council Highways Section. From 22 July 2008 the procedure changed so that prior written approval must be obtained by Tandridge District Council from Surrey County Council Highways Section regarding the proposed trading location(s) before a consent can be determined. Surrey County Council Highways Section have indicated that generally no new trading locations will permitted within the Tandridge District Council Area.

Street Trading Consents from static locations will not normally be granted where:

  • A significant effect on road safety would arise either from the siting of the trading activity itself, or from customers visiting or leaving the site, or
  • Where there are concerns over the recorded level of personal injury accidents in the locality where the street trading activity will be sited, or
  • There would be a significant loss of amenity caused by traffic, noise, odour or fumes, or
  • There is already adequate like provision in the immediate vicinity of the site to be used for street trading purposes, or
  • There is a conflict with Traffic Orders such as waiting restrictions, or
  • The site or pitch obstructs either pedestrian or vehicular access, or traffic flows, or places pedestrians in danger when in use for street trading purposes, or
  • The trading unit obstructs the safe passage of users of the footway or carriageway, or
  • The pitch interferes with sight lines for any road users such as at road junctions, or pedestrian crossing facilities, or
  • The site does not allow the Consent Holder, staff and customers to park in a safe manner,
  • Any new pitch would be in competition with an existing business premise within the immediate locality selling similar items.

The vehicle, van, trailer, stall or other device to be used for the proposed street trading activity will be inspected by an Authorised Officer of the Council, prior to the issue of any Street Trading Consents and at every application for renewal.

The unit to be used for the street trading activity shall comply in all respects to the legal requirements relating to type of street trading activity proposed. In particular the unit to be used shall comply with the requirements of the following legislation (where they are applicable):

  • Food Safety and Hygiene (England) Regulations 2013
  • Regulation (EC) 852/2004 regarding the hygiene of food stuffs
  • Environmental Protection Act 1990
  • Health and Safety at Work etc. Act 1974 and any Regulations made under this Act.

The Consent holder must also comply with the general conditions applicable to street trading and any specific street trading conditions which apply to the locality or trading being undertaken.

The granting of consent does not provide a right to occupy a location or right to renewal.

The consent cannot be sold or transferred to another.

Only bona fide employees of a street trading consent holder may trade on behalf of consent holder.

We currently operate a waiting list for the existing sites that have been identified. If you wish to go on the waiting list please write to us. Electronic applications for consent to trade may be made through Gov.uk.

A copy of the standard conditions and information on the current fee charges, together with advice on any of the above requirements can be obtained from Environmental Health.

Tacit consent

Tacit consent does not apply to applications for this licence as it is in the public interest that the authority must process your application before it can be granted. If you have not heard from the local authority within a reasonable period, please contact it. You can do this online if you applied through the UK Welcomes service or use the contact details below.

Conditions Street Trading Consent

 

http://ec.europa.eu/internal_market/eu-go/index_en.htm