The legislation surrounding street trading is primarily the Local Government (Miscellaneous Provisions) Act 1982.
In addition to the Local Government (Miscellaneous Provisions) Act 1982, there are a number of Private Acts and Bills. Examples of these area specific Acts and Bills include:
- City of Newcastle 2000
- Medway 2004
- Leicester City Council 2006
- Liverpool 2006
- Maidstone Borough Council 2006
It is also possible to license Street Trading through the Highways Act.
This is where it all start to get a bit technical – but reading on, the Act states that it is the selling or exposing or offering for sale of any article (including any living thing) in a street.
Any area to which the public have access to without payment. This includes private land for example a car park or industrial estate.
Schedule 4 defines three main types of street which the council can designate: Prohibited Street – a street in which street trading is prohibited Consent Street – a street in which street trading is prohibited without the consent of the district council Licence Street – a street in which street trading is prohibited without a licence granted by the council
There are however several exemptions in the Local Government (Miscellaneous Provisions) Act 1982, Schedule 4:
Roadside sales are controlled by Section 23 of the Local Government (Miscellaneous Provisions) Act 1982. Additionally, Section 147a of the Highways Act 1980 effectively prohibits roadside sales where it is likely to cause a danger to road users. There are a number of exemptions to Section 147a, including street trading which has been authorised under Schedule 4.
It is correct that planning permission is required by anyone wishing to change the designated use of a building or area under The Town and Country Planning Act 1990, but in our experts opinion, a small pitch on a car park such as a B&Q does not constitute a material change of use.
The first place to start, is to speak to the Local Authority in the area that you are trading or are going to trade to find out about their interpretation of the relevant legislation.
Be aware though, that this this is a very complicated issue which many councils are also unsure about. At NCASS we have access to some experts in the field of licensing, and can often clarify issues for members that would otherwise go unanswered or alternatively cost a huge amount of money in barristers fees.
Providing Caterers with the