Telford & Wrekin Council has adopted Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982 and has designated all streets within the Borough as Consent Streets.
All streets within Telford and Wrekin have been designated as consented streets. The effect of this designation is that street trading in any street is prohibited without first obtaining the consent of the Council. A person is carrying on as a Street Trader if that person is selling, exposing or offering for sale any article in a street. The term 'street' includes any road, footway or other area to which the public have access without payment (this can include private land).
In addition, anyone trading on adjacent land to a street, highway and to which the public has free access, is required to hold a street trading consent. Trading without consent may result in prosecution.
If a trader has been granted a consent the Council has the right to vary or revoke the Consent at any time if the trader fails to comply with the conditions attached to the Consent.
If you wish to trade outside of Telford and Wrekin you should contact the appropriate Council for that area. Please note that different Councils may have different procedures and rules regarding street trading.
The Licensing Service feels it is important to advise applicants that it is highly probable that any grant of a street trading consent is also likely to require planning consent.
The Licensing Service will not expect applications for street trading consents from applicants who are selling or exposing for sale any article (whether food or non-food) that is for the benefit of a bona-fide charity.
Local Government (Miscellaneous Provisions) Act 1982. Application Process Complete the appropriate application form – for a “static trader” if you wish to trade from a pitch, or for a “mobile” trader if you sell from street to street.
This authority is under a duty to protect the public funds it administers, and to this end may use the information you have provided on the application form for the prevention and detection of fraud. It may also share this information with other bodies responsible for auditing or administering public funds for these purposes.
Once you have chosen your site, before proceeding with any application it is strongly advised that you contact the Licensing Service at the contact details below to seek guidance from a licensing officer
You may need to obtain planning permission contact the Planning department.
You will need to enclose with the application, written permission from the landowner to trade on their land, a photograph of your stall/van/trailer and a plan or photograph showing the site where you wish to trade. If you intend to sell food you will also need to enclose a certificate of food hygiene and register as a food premise.
Please note that a new Consent will not be issued unless accompanied by all the relevant documentation. Any grant of Consent will also be subject to:
a) a 4 week consultation period
b) availability of pitch.
Please note: that any Street Trading Consent issued as a result of this application is issued to the named applicant and no other person.
The Street Trading Consent is non transferable. When the applicant ceases to trade they must inform the council’s Licensing Service immediately.
The Council will consider each individual application on its merits and will normally grant a street trading consent unless, in its opinion:
- there is not enough space for the applicant to trade in the manner proposed without causing undue interference or inconvenience to persons using the street
- there are already enough traders trading in the vicinity (from shops or other stalls) in the goods in which the applicant desires to trade
- there is undue concentration of traders trading in the street in which the applicant desires to trade.
- The consent, if granted, will result in nuisance to members of the public, residents and local businesses due to the likely noise, smell, litter, disturbance or other problems which will be caused by granting the consent
- the size, nature or appearance of the proposed stall (and any associated equipment) is inappropriate for the proposed location in terms of amenity or public or highway safety
- the proposed trading hours are outside the usual business hours of shops in the vicinity (except in relation to a trader wishing to sell hot food, which will be considered on a site by site basis).
Where a proposal contravenes any of the above, or is otherwise considered to be inappropriate, the Council will first consider whether any likely problems can be overcome by the imposition of conditions and, if not, will normally refuse the application.
What Are the Fees Payable for Consent?
Fees are payable for each unit or site. Fees should be sent with the completed application form. Fees are reviewed annually.
|Static traders - single unit up to 12m2 (max 5m length) for 12 months||£330||£205|
|Mobile traders for 12 months||£330||£205|
|Day consents (single trader)||£65 (each day up to one week £19 per day up to 7 days)||Not applicable|
|Day consents (umbrella up to 5 traders)||£160||Not applicable|
Will tacit consent apply?
Yes - tacit consent means that if we have not dealt with applications within the target period then the application can be deemed to have been granted/approved.
Target completion period
The application will normally be determined within 56 days of all supporting information being received.
If you are a customer of a Street Trader, you should first contact the operator, preferably in writing. If that does not work and if you are located in the UK, Consumer Advice consumer services will give you advice. From outside the UK, contact the UK European Consumer Centre.
Public registers or databases
For details on the public register please contact us.
Exemptions from the need to obtain consent
There are several exemptions from the definition of what constitutes street trading. These include:
- a person acting as a pedlar under a Pedlar's Certificate
- anything done in a market or fair
- trading in a trunk road picnic area
- trading as a news vendor
- trading at a petrol filling station
- trading on premises used as a shop or in the street adjoining a shop as part of the business of the shop
- selling items as part of the business of a roundsman, e.g. a milkman.
Last updated: 01/10/2019 11:19