Consent Street Trading Policy 2026
Stockton-on-Tees Borough Council Vision
Stockton-on-Tees is home. It's a warm and friendly place where we welcome others and come together as a single community. We are a diverse and inspiring Borough, culturally rich and with confidence in a future that we can all share and be proud of.
Stockton-on-Tees is a borough with a diverse mix of urban and rural communities and is home to a variety of businesses, a vibrant cultural scene and hosts a wide range of events, including the internationally renowned Stockton International Riverside Festival (SIRF).
At the economic heart of the Tees Valley, we are a dynamic, safe and healthy place where everyone can grow and succeed. We will continue to work together to reduce inequalities and barriers to opportunity. This statement of licensing policy will aim to enable the vision of the Council:
The best start in life to achieve big ambitions
A safe and inclusive community where everyone can thrive. Working hard to prevent the impact of poverty, creating a bright and healthy future with a shared sense of belonging. Supporting children in our care and creating equality of opportunity.
Healthy and resilient communities
Building happy and healthy lives, supporting those who are experiencing poverty. Ensuring that our residents are resilient, independent and wherever possible, economically active.
A great place to live, work and visit
A vibrant and diverse place with an environment that is well looked after and outdoor spaces to enjoy that residents can be proud of.
An inclusive economy
Growing the local economy and cementing our role as the well-connected, economic heart of Tees Valley. Ensuring that all residents can benefit from secure and sustainable jobs.
Sustainable council
A well-run financially sustainable Council that improves outcomes for communities.
In line with this vision the aim of this Consent Street Trading Policy ("the Policy") is to provide a consistent and transparent approach to the method of providing Street Trading Consents, creating a street trading environment which compliments premise based trading, is sensitive to the needs of residents, provides diversity and consumer choice.
Introduction and scope
Stockton-on-Tees Borough Council (the Council) recognises the valuable contribution that street trading can make to the local culture and economy, and the service that street traders provide to residents of the Borough. Street trading can provide people with a flexible way of working, to meet the demands of the public where and when that demand arises.
The Council is also committed to improving the support provided to small businesses, ensuring there are no unnecessary burdens placed on them and they are provided with sufficient advice to enable them to operate successfully. The intention is to create a street trading environment which complements areas of trading, is sensitive to the needs of residents and nearby businesses, and which promotes consumer choice and community values, whilst ensuring the safety of the public and the prevention of nuisance.
Local Authorities have a legal discretion to regulate street trading in their area. Street trading is covered by the Local Government (Miscellaneous Provisions) Act 1982 Schedule 4. This policy is produced in accordance with best practice and the powers granted in Section 3 and Schedule 4 of the Act.
From 1 March 2024 following a period of statutory consultation and publishing public notices Stockton-on-Tees Borough Council has designated the whole Borough as a "Consent Street" area. The effect of this designation means if you want to sell goods on a street, you are classed as a street trader and, subject to legal and policy exemptions will need to have the appropriate consent.
A street means any road, footway, beach, service area or other area to which the public have access to without payment. Conditions can be attached to the consent where 'reasonably necessary' and are detailed at Appendix 1. Trading without the required consent is a criminal offence.
This policy will guide the Council when it considers applications for street trading consents, and it will inform applicants of the criteria against which applications will be considered and sets out the Councils framework and approach for the management of street trading in the Borough which are:
- to ensure the suitability of applicants to hold a consent
- to ensure the suitability of the structures used for trading
- to control the number and location of street traders and complement existing street and premise based trading
- to prevent obstruction of the highway by street trading activities
- to ensure that traders operate within the law, act fairly with the public and do not present a risk to public order
- to prevent public nuisance by taking measures to reduce the risk of nuisance from misbehaviour, noise, refuse, vermin, fumes, and smells
- to ensure that the process involves opportunities for consultation with relevant agencies
- to maintain the quality and add value to the townscape
- to encourage inward investment by introducing a one stop application process for businesses
Consultation
In determining this policy, the Council has consulted with the following:
- Cleveland Police and Cleveland Fire Service
- Stockton-on-Tees Borough Council Highways, Transport and Design
- members of the public
- current street traders and local businesses
- Voluntary, Community and Social Enterprise (VCSE) sector
- Stockton-on-Tees Borough Council responsible authorities including Trading Standards, Planning and Environmental Health
- Stockton-on-Tees Borough Council Regeneration and Inclusive Growth and Corporate Services
- Stockton-on-Tees Borough Council Community Services, Environment and Culture and Adults and Health
- All elected Members including the General Licensing Committee
Review of the policy
This policy comes into effect on 1 June 2026 and supersedes any previous guidance. The policy will be regularly evaluated and may be changed in consultation with the chair or vice chair of the General Licensing Committee and a legal representative to reflect:
- administrative changes
- legislative changes
- local considerations within the Borough
Any significant changes to this policy will be approved by full Council in line with the constitution and associated legislation.
If after reading this policy, you require further information please email licensing@stockton.gov.uk or call 01642 524802.
Regulatory and policy framework
Street trading means selling, exposing, or offering for sale any article (including a living thing) in a street. This includes a wide range of retail activities, for example food, beverages, arts and crafts, jewellery, household goods, and clothing. It could also include the sale of vehicles from the roadside.
A street means any road, footway, beach, service area or other area to which the public have access to without payment. The Courts have confirmed that any land located away from the highway which the public can access without payment, including privately owned land, is capable of being a street for these purposes. For example, this could include open spaces, parks, car parks, trading estates, forecourts, businesses, retail parks and pedestrianised precincts.
Certain activities are exempted from street trading control by the legislation. These include:
- trading as a pedlar under a pedlar's certificate
- trading at an established market or fair the right to hold which having been obtained by a grant, enactment, or order
- trading as a news vendor
- trading at a petrol station or shop or from a street adjoining a shop which is used as part of the business of the shop
- trading as a roundsman (delivering pre-ordered goods to customers)
- trading from a licensed highway area (pavement licence)
- trading under a street collection permit for charitable purposes
There are no prohibited streets within the Borough, each location will be assessed on its own merits. The A19 and A66 are designated as major roads, roadside sales are controlled by section 23 of the Local Government (Miscellaneous Provisions) Act 1982 and Section 147a of the Highways Act 1980 prohibits roadside sales where it is likely to cause a danger to road users.
Community events and Commercial, Charity and Hobby Traders
The charity, community and voluntary sectors trade as part of fundraising activities. Organisers of these events make no commercial gain from trading and all profits made are put back into the purpose of the registered charity or association. Trading as part of fundraising activities taking place within religious or educational grounds e.g. church events / fetes, school festivals, PTA events do not require the consent of Stockton-on-Tees Borough Council.
Commercial Trader
A Commercial Trader is any individual, business, or organisation that engages in street trading on a commercial basis, where the primary purpose of the activity is to generate income, profit, or other financial gain.
A person or organisation will normally be considered a Commercial Trader where one or more of the following apply:
- they sell goods or services with the intention of making a profit
- they rely on trading for part of their income
- trade regularly or systematically as part of a business operation at multiple markets, events, fairs, or locations
- they operate under a business name, brand, or commercial identity
- they advertise or promote their activity as a business
- they purchase stock or materials with the intention of resale for profit
- they hold (or should hold) business insurance or registration (for example public liability, limited company, or sole trader status)
These traders must be declared on the application, and count towards the total number of traders requiring consent to trade at the event.
Charity Trader
A Charity Trader is an individual or organisation trading solely to raise funds for a registered charity, community group, voluntary organisation, school, or non‑profit body, where no personal or organisational profit is made.
Individuals or organisations trading solely to:
- raise funds for a registered charity, community group, or non‑profit organisation
- provide goods without personal or organisational profit
- operate under a charitable status or exemption
These traders should be declared on the application but will not count towards the total number of traders requiring consent to trade at the event.
Hobby Trader
A Hobby Trader is an individual who trades occasionally typically selling items they have created themselves where the activity is not operated as a business.
Individuals whose trading activities:
- are occasional, informal, or irregular
- generate little or no personal profit, for example to sell or display crafts or personal creations as a pastime
- are not part of a business or commercial enterprise and do not hold commercial insurance or business registration
- are not promoted as a business and do not form part of their income
These traders should be declared on the application but will not count towards the total number of traders requiring consent to trade at the event.
The consent and determination process
Each application will be dealt with on its own merits. This policy gives prospective applicants an indication as to whether their application is likely to be granted or not. It also provides prospective applicants with details of what is expected of them should an application be granted.
Applications can only be made by persons aged 17 years or over, who have the right to reside and work in the UK. Some of the information provided on the application form is published on the Council's website while the application is under consultation. A 'public register' of consents granted will be maintained online.
Stockton-on-Tees Borough Council has different types of street trading consent.
| Consent type | Notes | Examples |
|---|---|---|
| Fixed Site Consent (one to 12 months) | An individual trader at a fixed site. The consent can be granted for a maximum of 12 months, but maybe granted for less in certain locations. | Coffee or food vans at a fixed location. |
Multiple Site Consent (one to 12 months) | An individual trader with a schedule of agreed locations, normally over a seven day period. The consent can be granted for a maximum of 12 months but maybe granted for less in certain locations. | Coffee or food vans, for example location A Monday to Friday and location B Saturday to Sunday. |
Annual Roaming Consent | An individual trader with Borough wide consent for a schedule of stops or locations. Stops are for no more than 20 minutes at a time, and no location is revisited within a four hour period. | Roaming ice cream or food vans with short stops at multiple locations. |
Temporary Event Consent | Event organiser applies for multiple commercial traders at a temporary fixed site location for up to three consecutive days. Category 1 - one to five traders Category 2 - six to 39 traders Category 3 - 40 plus traders | Commercial traders at events, markets. |
Seasonal Event Consent (up to 31 consecutive days) | Multiple traders at a temporary fixed site location for a period not exceeding 31 consecutive days. Category 1 - one to 5 traders Category 2 - six to 39 traders Category 3 - 40 plus traders | Commercial traders at seasonal events for example Christmas market, school holidays. |
Application process
Each application form except temporary event and seasonal event consent must be accompanied by:
- details of any assistants to be included on the consent
- a basic Disclosure and Barring Service (DBS) certificate for the applicant and any assistants to be included on the consent (dated within six months)
- a passport sized photograph of the applicant and each assistant
- evidence that the applicant and any person(s) operating the stall, vehicle or unit holds a valid right to work in the United Kingdom
- three colour photographs of the unit or vehicle that will be used for the street trading activity with front, back and side views
- Public Liability Insurance
- Food Standards Agency (FSA) Food Hygiene Rating Score for food traders
Fixed site consent additional supporting documents
In addition to all trader supporting documents as detailed above each application form must be accompanied by:
- a site map clearly identifying the proposed site position by marking the site boundary with a red line
- a photograph of the proposed site
- permission from the landowner (private land only)
- proof notices have been delivered to the nearest six premises (being residential, commercial, or otherwise) to the proposed site giving details of the application
- details of similar traders and premises in an 800m radius to those proposed locations, and proof notices have been delivered to any relevant businesses
Multiple site consent additional supporting documents
In addition to all trader supporting documents as detailed above each application form must be accompanied by:
- a complete list of proposed site locations, days and times over the seven day period
- a site map of each location, clearly identifying the proposed site position by marking the site boundary with a red line
- a photograph of each of the proposed sites
- permission from the landowner (private land only)
- proof notices have been delivered to the nearest six premises (being residential, commercial, or otherwise) to the proposed site giving details of the application
- details of similar traders and premises in an 800m radius to those proposed locations, and proof notices have been delivered to any relevant businesses
Roaming consent additional supporting documents
All trader supporting documents as detailed above.
Temporary event and seasonal event consent additional supporting documents
Each application form must be accompanied by:
- a complete list of traders attending the event
- a site map clearly identifying the proposed site position by marking the site boundary with a red line.
- a photograph of the proposed site
- permission from the landowner (private land only)
- Public Liability Insurance
- FSA Food Hygiene Rating Score for food traders
Sites can remain with the same person for several years on successful renewal. In the event of the consent fee not being paid, the consent being revoked, surrendered or if it lapses without being renewed, the Council will accept new applications for the location. This might be at any time of the year.
Fees
Fees will be made on application, renewal, transfer, variation or to issue a replacement consent. The Council can recover the full costs associated with the consent scheme and fees are reviewed annually. Some fees are broken down into two elements, an application fee, and a consent fee. Fees are published on the Council's website.
The level of fees applicable to the street trading function considers the administrative costs associated with the determination of application, the issue and administration of the consent, and the costs associated with compliance checks carried out by the licensing authority to ensure that traders operate in accordance with the conditions of their consent.
No application will be deemed valid until payment of the appropriate fee. Where trading ceases during the term of the consent refunds will be issued for full months remaining and not be issued for any outstanding period of less than three months. Where a temporary event consent has been granted, no refund will be issued should a trader not attend the event, or the event is cancelled.
To support traders, fixed site and multiple site traders can opt to pay a street trading consent fee via monthly instalments. It is recommended traders set up a direct debit to pay these fees, if not it is the traders responsibility to pay monthly instalments on time, if a monthly instalment is not paid in the calendar month it is due the consent for street trading lapses.
Equality and diversity
The Council is committed to promoting equal opportunities, valuing diversity, and tackling social exclusion. The Council will aim to provide opportunities that meet the diverse needs of different people and groups of people by ensuring that services and employment opportunities are accessible to all. Everyone will be treated fairly and with respect. Diverse needs will be understood and valued. The Council will aim to eradicate all forms of discrimination. Policy and application forms relating to consent street trading will be made available in English which is the most common language of customers and stakeholders. On request the Council will signpost applicants to providers of guidance and information relating to translation services.
Consultation process
Upon receiving a full application, all supporting documentation and the correct fee the Licensing Service will begin the consultation process with interested parties.
There are no statutory consultees on street trading applications, and who the council consult with will depend on the type of consent applied for.
For most applications the police, highways authority, fire service and other responsible authorities will be consulted, and a minimum of 14-day consultation period will be required. This consultation period may be extended if representations are received, or further information is required. Local ward councillors will also be notified of an application (excluding temporary, seasonal and roaming consents). Public notification will be achieved through the Council webpage.
Once the Council has accepted a valid application the applicant shall also put up a notice of the application at the proposed street trading location (excluding temporary, seasonal and roaming consents), advising the public how to comment on the application. Photographic evidence of the notice in place shall be submitted on request. The applicant shall remove the notice at the end of the consultation period. To assist a draft copy of a notice will be available on the website and emailed to the applicant.
Applications for street trading consents are delegated to officers for determination in line with the councils constitution. Officers will take all information into consideration including any relevant representation made in writing to the licensing service.
A relevant representation is one made by a person, business or body that is likely to be directly affected by a successful application. The objection must not be frivolous or vexatious and should concern itself only with matters likely to be affected by a successful application. Officers will determine whether an objection is relevant according to its merit and any benefit of doubt will be given to the objector.
The applicant will be provided with a copy of any representation received including contact details to promote mediation and the applicant will be given an opportunity to comment before a final decision is taken.
Following the determination of an application, the council will notify the applicant of the decision in writing. No street trading may take place until a consent has been issued. To trade without a consent is a criminal offence.
If more than one application is received for any new or vacant location, applications will be considered in consultation with the Chair or Vice Chair of the General Licensing Committee and a legal representative.
If the applicant has any relevant convictions, it is likely that the application will be considered in consultation with the Chair or Vice Chair of the General Licensing Committee and a legal representative. All applications will be assessed against the Assessment Criteria.
Assessment criteria
Each case will be dealt with on its own merits. Failure to meet conditions which would be attached to a consent are grounds for refusal.
In considering applications we will consider:
- suitability of the applicant
- suitability of the location
- appearance of the unit or vehicle
- public nuisance
- public safety
- environmental credentials
Suitability of the applicant
All applicants and assistants (excluding temporary and seasonal event consents) are required to submit a basic Disclosure and Barring Service (DBS) certificate dated within six months at application and renewal of a consent. Request a basic DBS check.
The purpose of considering an applicant's previous convictions is to enable the Council to assess whether:
- an applicant for the grant or renewal of a street trading consent is a suitable person to hold, or to continue to hold, a street trading consent;
- a person who wishes to be registered as an assistant to a street trading consent holder, or to continue to be registered as an assistant to a street trading consent holder, is a suitable person to be registered as an assistant to a street trading consent holder
Each case will be decided on its own merits and follow policy and in making its decision the Council will consider the following:
- whether the conviction is relevant;
- the seriousness of the offence;
- the length of time since the offence occurred;
- whether there is a pattern of offending behaviour;
- whether that person's circumstances have changed since the offence occurred;
- the circumstances surrounding the offence and the explanation offered by that person;
Applicants and assistants should refer to Appendix 3 for details of the general approach that will be taken to certain categories of offences.
Suitability of locations and needs of the area
Consent will not be given in any location which infringes parking or traffic requirements, causes obstruction of the highway, or presents a danger to other road users or pedestrians. Any street trading which negatively impacts public access by walking, cycling or public transport will generally be refused.
The Council would expect a minimum of (1.5m) of unobstructed highway or walkway on at least one side of the proposed trading unit or location without causing undue interference or inconvenience to persons using the street. Any proposal to use additional signage such as an A-board will need to be included with the application, as the location and size will need to be considered as part of the determination process.
The retail offer of each individual unit will be considered. The goods should complement and not conflict with the goods sold by other established business and traders within the location. The Council does however recognise that the surrounding retail offer is subject to change. The application shall clearly indicate the locations of other existing businesses and traders, trading in similar commodities in an 800m radius to those proposed location and deliver notices to similar traders and premises identified giving details of the application.
The applicant must also deliver notices to the nearest six premises (being residential, commercial, or otherwise) to the proposed site giving details of the application. Evidence of notices delivered to traders and premises should be produced on request. A draft notice can be found on the council website.
Where any proposed trading is within 50 metres of a school perimeter, the Council will seek the views of the school.
Where consent to trade is granted on Stockton-on-Tees land traders are made aware that changes to the use of Council land or associated buildings may mean traders are asked to operate from alternative locations. The Council will notify the Consent Holder if it intends to market any relevant land or building for sale or lease, and the Consent Holder will be invited to submit an offer should they wish to occupy or use of that land or building.
Consent street trading within the new Stockton Waterfront urban park will be carefully managed to ensure that activity complements the setting and maintains safe, accessible public use of the space. Applications will be subject to additional considerations, including the impact on access routes, proximity to key amenities, and suitability of proposed trading items and times to reflect park usage and event activity.
Due to the nature of this location and the enhanced management requirements, the local authority town centre management team will apply additional restrictions and fees for traders operating within the park area.
Any consent granted will be for general day-to-day trading only. A separate application process direct with the local authority events team will be required for traders wishing to operate as part of organised events within the park. Find out how to be part of our events.
Appearance of the unit or vehicle
Full details of the unit or vehicle which the applicant intends to use must be supplied to the Council at the time of making the application, including three colour photographs. Arrangements maybe made for the unit or vehicle to be inspected by a duly authorised officer prior to the application being considered.
Trading units should not significantly detract from the visual appearance of a particular location and may even enhance the setting and be constructed in a suitable scale, style and using appropriate materials. The unit should also be designed to be accessible for all customers and advertising material must be limited, for example the name of the unit, the type of product sold, and a simple price list suitably designed and printed.
The Council will generally not permit trading units where the unit fully, or substantially, blocks lines of sight to established traders in the location.
Public nuisance
The street trading activity must not cause nuisance to the public, or properties in the location, from obstruction, misbehaviour, noise, refuse, vermin, fumes, and smells especially in predominantly residential areas and due regard will be made to the character of the neighbourhood.
Applicants will need to demonstrate steps to be taken to reduce litter and waste in locations, throughout the day and at close of business.
Public safety
The street trading activity must not present a substantial risk to the public from the point of view of obstruction, fire hazard, unhygienic conditions or danger that may occur when a trader is accessing the site.
Overcrowding of the site or area includes the capacity of the street trading area having regard to the potential maximum attendance on the site by the public, and the consequent risk of over congestion impacting adjacent footpaths or roads to the site.
Applicants will need to demonstrate steps to be taken to reduce the risk of public order in respect of applicants wishing to trade at later hours should be included in the application. This should include management of potential flash points and dispersal of customers.
Environmental credentials
Steps taken to promote environmental sustainability should be included in an application. The application shall outline the impact of the proposed operation on the local environment, including power supply, carbon footprint, supply chain, packaging, waste minimisation and recycling, waste disposal and waste created by customers. Noise and pollution levels caused by generator will also be a consideration as will the anticipated impact on wildlife or the public enjoyment of a particular setting (for example lighting and noise may impact on wildlife and disturb the tranquillity of some green spaces).
The Council will encourage the use of sustainable products and will consider the trader's environmental credentials in respect of these when considering whether to approve applications.
Traders are advised the use of certain single use plastics are banned, which includes supply of plastic drinks stirrers, cutlery, food and drink containers made of expanded and extruded polystyrene used to contain food or drink that is ready to be consumed without further preparation, for example takeaways. Read the Government guidance about single-use plastics bans and restrictions.
Renewals
Consents are issued for a set date for a period of up to one year. Consent holders should reapply for a consent if they wish to continue to trade at least one month before the expiry of their current consent.
It is the consent holder's responsibility to ensure that their consent is renewed in time. If, without reasonable excuse, a renewal application is not made before the expiry of the current consent it will expire and the site will become available, and a new application must be submitted in accordance with the new application procedure.
At renewal, the Council may consult further to determine if the street trading is a cause for concern or has been the subject of complaints. The consent will normally be renewed where a renewal application has been made and if:
- there have been no significant complaints, compliance, or enforcement issues
- all fees have been paid on time
- there has been no significant change to the retail environment in the location of trading
If the applicant has without reasonable excuse failed to use the consent to a reasonable extent a renewal application could be refused.
Transfers
The sub-letting of a consent to another party is not permitted. Consents can be transferred from one holder to another, if the holder of the consent is the only change being made. Forms and fees are available on the Council website.
Variations
A request to vary the location of the consent will be treated as a new application for the new location. Holders of a consent may apply to vary it, for example by requesting a change of trading hours or goods. Forms and fees are available on the Council website.
Decision to refuse or revoke a consent
The power to grant a street trading consent is discretionary and the Council may refuse to grant a street trading consent if they deem it appropriate to do so. Such decisions will be made in accordance with the Council's scheme of delegation.
If an application is refused the applicant will be informed of the reason for the refusal within 21 days of the decision being made.
Failure to comply with the conditions of the consent may result in the revocation or refusal to renew, a consent. In certain circumstances, formal action such as prosecution may be the most appropriate course of action. If a consent is revoked the holder will be informed of the reason for the revocation within 21 days of the decision being made.
If more than one application is received for any new or vacant site, or a high number of objections against an application are received, these applications will be considered in consultation with the Chair or Vice Chair of the General Licensing Committee. All applications will be assessed against the assessment criteria and to ensure the process is open, fair and transparent, if an application is refused full and clear written reasons will be given.
Appeals
There is no statutory right of appeal in respect of refusal or revocation of street trading consent. A person aggrieved by a decision of the Council may make an application to the High Court for the judicial review of the decision. For further information on potential grounds for judicial review, applicants should seek independent legal advice.
Applicants also have recourse to the Council's complaints procedure if the applicant considers that a Council service has not been properly delivered.
Compliance and enforcement
The Council has a responsibility to regulate street trading in the Borough and is therefore committed to enforcing the provisions contained within the relevant legislation and this policy and to work in partnership with all enforcement agencies. Where street trading activities are conducted without appropriate consents the Council will look to gather evidence and take appropriate enforcement decisions in accordance with the Regulators' Code and the Regulatory Services Enforcement Policy.
Obtaining a consent does not confer the holder immunity regarding other legislation that may apply, such as Public Liability, Health and Safety at Work, Food Hygiene and Safety, Alcohol and Entertainment Licensing, Planning Controls. Consent holders should ensure all such permissions are in place and renewed as required.
In undertaking compliance and enforcement action the Council may call for assistance from Cleveland Police and will make use of CCTV recordings as evidence.
Conditions attached to Street Trading Consents
Consents will carry standard conditions in all cases, the Council can also impose additional conditions including operating hours and restrictions on goods offered, where it is deemed appropriate and will be relevant to the category of consent issued and the nature of the local environment.
Failure on the part of the consent holder (or any other person employed to assist in trading) to comply with any of the conditions imposed may lead to the revocation of the consent or to the Council refusing to renew the consent.
Appendix 1
Standard conditions (to be used on all consents issued)
The site
| Code | Description |
|---|---|
| CSTS1 | The Site cannot be used for any purpose other than the operation of the Unit as described and agreed within the consent and plan attached to the consent. |
| CSTS2 | Only Trading in accordance with the times and days stated on consent is permitted. |
| CSTS3 | Facilities for the collection of all waste, refuse or litter arising due to the activity must be provided. The refuse storage must be of a substantial construction in suitable covered containers. All must be removed from the site at the end of each day of trading and properly disposed of, or if the amount of waste and refuse warrants it, when the container is full - whichever is the sooner. |
| CSTS4 | Clear routes of access to the site will be maintained, considering the needs of disabled people and the recommended 1.5m minimum footway widths and distances required for access by mobility impaired and visually impaired people. Trading cannot operate in such a way as to cause danger or annoyance to persons using the street. |
| CSTS5 | Activities will not:
|
| CSTS6 | Statutory and emergency services will be permitted 24 hour emergency access - without notice. The Council may temporarily revoke the consent where an alternative use for the highway is required for example emergency highway maintenance, emergency scaffold access or use of the highway during events that are supported by the local authority. The local authority will not be liable for any loss of earnings arising from the suspension of the consent. |
The unit
| Code | Description |
|---|---|
| CSTU1 | The dimensions and appearance of the Unit shall always follow the details described and agreed within the consent and plan attached to the consent. |
| CSTU2 | At all times while trading the consent / vehicle plate issued by the Council must be displayed in a conspicuous position on the Unit. For temporary / seasonal event consents the consent will be displayed in at least two conspicuous places - typically these shall be attached to the first and last units. |
| CSTU3 | The Unit shall be clean and tidy and securely erected. The Unit is of such material and design, constructed and maintained that it is not liable to cause injury to any person present on the site or otherwise. |
| CSTU4 | Liquefied petroleum gas is not used without the express permission of the Council and any equipment using this gas shall have only flexible and approved armoured hoses complying with the relevant British Standard Specification or equivalent. |
| CSTU5 | The use and storage of liquefied petroleum gas comply with any relevant codes of practice. |
| CSTU6 | Goods will not be inflammable, corrosive or otherwise dangerous nature. |
| CSTU7 | No mobile generators are used without the express permission of the Council. Where permission is granted, generators shall be so positioned that they do not present a danger to the public, do not present a fire or similar hazard to the unit, goods displayed thereon, or adjoining premises and do not cause any contamination, noise, or fume nuisance. |
| CSTU8 | Documentation must be provided to show that the generators have been maintained in accordance with the manufacturer's instructions. |
| CSTU9 | No combustible materials are to be stored in the vicinity of a generator and suitable first aid, firefighting appliance(s) must be immediately available. |
| CSTU10 | All equipment is in a safe working condition and suitably cordoned off to ensure that the public do not have access to the equipment. |
| CSTU11 | All electric power supplied must be protected by residual current devices. Any appliance is to be separated from the supply outlet by a fuse of suitable rating. |
| CSTU12 | All electrical cables or flexes, which are suspended over the public footway or carriageway shall be adequately supported. All electrical cables or flexes, which run along the ground and are in a position where the public could encounter them must be fitted with rubber cable protecting mats/covers, have demarcation or warning signage to make them easily visible to the public and not pose a tripping hazard. |
| CSTU13 | Authorised vehicles must be roadworthy and valid Road Tax, MOT and vehicle insurance which includes cover for the purpose of street trading. |
| CSTU14 | No unit shall remain situated in the location for longer than one hour after the authorised trading time(s). |
| CSTU15 | The holder of the consent shall take adequate precautions to prevent the risk of fire at unit. A serviceable fire blanket and suitable fire extinguisher/s shall be always provided. |
| CSTU16 | The holder of the consent shall ensure that where the unit has a 240 volt electrical system that an up to date annual electrical safety certificate is in force. |
| CSTU17 | The holder of the consent shall ensure that where gas cylinders are used that an up to date annual gas safety certificate is in force. |
| CSTU18 | The holder of the consent shall ensure that a first aid kit is maintained at the unit and made available to any assistants / customers injured by the activities of the business operation. |
The consent holder
| Code | Description |
|---|---|
| CSTH1 | Public Liability insurance cover for the unit and site shall be maintained and shall indemnify the local authority against all claims in respect of injury, damage or loss arising out of the granting of permission, (e.g., damage to the highway or highway furniture) to a minimum value of £5,000,000 unless such claims arise out of the local authorities' own negligence. Insurance applies to individual applicants and event organisers. |
| CSTH2 | The consent holder must adequately manage the street trading activity so as not to cause a statutory or public nuisance e.g., from noise, fumes, and odour to any other person, whether that person is using the street or otherwise, or to the occupier of any building in proximity to the consent site. |
| CSTH3 | The consent holder must pay the Council the cost of carrying out any works, including cleansing of the highway or making good any damage, that is required due to the consent holders use of the Unit and Site. The permanent surface reinstatement shall be carried out to the satisfaction of the local authority. |
| CSTH4 | The consent holder will observe all statutory and other provisions and regulations for the time being in force which relate to the consent holders use of the site. |
| CSTH5 | The consent holder will be required to take responsibility for and supervise their site and unit and so far, as is reasonable to ensure that patrons or customers of the site conduct themselves in an orderly manner. |
| CSTH6 | Where authorised by a consent issued under the Licensing Act 2003, alcohol must only be served in polycarbonate or plastic containers. |
| CSTH7 | The consent holder will inform the Council in writing of the details of any change in the operation or staffing of the Unit (including changes in details of named assistants) or the sale or transfer of the business to another party. |
| CSTH8 | The consent holder shall notify the Council in writing within 72 hours if they or an assistant is under investigation for or convicted of any offences, including formal cautions and fixed penalty notices. |
| CSTH9 | The Council may at any time vary the conditions of a street trading consent or revoke or suspend this consent in the event of:
|
| CSTH10 | No furniture or equipment other than as permitted by the consent can be used. If furniture or equipment have been approved, they remain in a clean and tidy condition and not obstruct the entrance or exit from any premises. |
| CSTH11 | No consent holder shall trade at the authorised location on dates when road closure directives are in place for special events otherwise than with the permission of the organisation applying for same. |
| CSTH12 | The consent holder is encouraged to use sustainable packaging and adopt an environmentally friendly approach throughout the operation of the business to minimise the impact on the environment. |
| CSTH13 | At all times while trading the consent holder and assistants shall wear the identification badge issued by the Council. |
Additional conditions for roaming consent traders
| Code | Description |
|---|---|
| CSTR1 | Any proposed trading within 50 metres of a school perimeter, is not permitted without prior agreement. The Council will seek the views of the schools in these cases. |
| CSTR2 | Trading is limited in any one location for 20 minutes at any one time and the trader shall not return to that location within 4 hours of leaving it. |
| CSTR3 | The consent holder shall comply with all traffic regulations, rules, orders, and directions which apply to the public highways on which the holder trades. |
| CSTR4 | The consent holder is required to comply with the Code of practice on noise from ice-cream van chimes or any modification or re-enactment thereof. |
Example additional conditions
This list is not exhaustive.
The consent holder must not permit the sale of offensive weapons including imitation firearms, firearms, airguns, swords, and crossbows.
The Consent holder must not sell a knife to anyone under 18.
The trader shall not exhibit on the site any advertising signs, stands, posters or such except as may be approved by the Council.
No animal shall be present on any unit or vehicle save assistance dogs in accordance with the Equality Act 2010.
The trader is not permitted to hold any auction or like sale.
There shall be no discharge of wastewater or other liquid waste onto the Consent site or surrounding areas.
No form of amplified music shall be permitted.
Appendix 2
Convictions guidance - specific information and offences
The following details the Council's general approach when dealing with to certain categories of information or offences for street trading consent application purposes. Each case will be considered on its own merits and circumstances of the offence and any evidence which shows that a person is now a fit and proper person to hold a street trading consent or to be named as a street trading assistant will be taken into consideration.
Dishonesty information and offences
The holders of a street trading consent and their assistants must be persons who can be trusted. It is easy for a dishonest trader or assistant to take advantage of the public. Members of the public using a street trading outlet should be able to expect the holder and assistant to be honest and trustworthy.
For these reasons, a serious view will be taken of any conviction involving dishonesty. Offences include but are not limited to:
- Dishonesty and Fraud - offences relating to theft, fraud, or handling stolen goods are critical, as the role involves financial transactions with the public
- Illegal Trading/Licensing Offences - previous offences for trading without a licence or selling counterfeit/unsafe goods
- Immigration Offences - any convictions or penalties related to illegal working or immigration
A period of five years since the offence or release from custody would be required before an application is considered.
Violence information and offences
As street traders and their assistants have close contact with the public, a firm line will be taken with offences of violence. Applicants or assistants who have committed offences which involved the loss of life will normally be refused a street trading consent.
For other offences, a period of five years since the offence or release from custody would be required before an application is considered.
Drugs Information and Offences
As street traders and their assistants have close contact with the public, and are involved in supplying goods, a firm line will be taken with offences of drugs. Applicants or assistants who have committed offences which involve the supply or importation of drugs will normally be refused a street trading consent.
For other offences, a period of five years since the offence or release from custody would be required before an application is considered.
Sexual and Indecency Information and Offences
As the holders of street trading consents and their assistants, have close contact with the public, including children. Applicants or assistants who have committed sexual offences will normally be refused a street trading consent.
For other offences, a period of five years since the offence or release from custody would be required before an application is considered.
Motoring Information and Offences
In most cases, motoring offences are unlikely to be irrelevant when deciding if an applicant or assistant of a street trading consent is a suitable person. However, there may be instances where the offences are of a very serious nature or are relevant, for example driving under the influence, or without appropriate insurance in place.
In these cases, a period of five years since the offence, release from custody or restoration of Driver and Vehicle Licensing Agency (DVLA) licence whichever is the latter, would be required before an application is considered.
Other Information and Offences
Schedule 4 Local Government (Miscellaneous Provisions) Act 1982 - The Council takes a serious view on applicants who have been convicted of offences under the 1982 Act. An applicant will normally be refused a licence if they have been convicted of an offence under the 1982 Act at any time during the two years preceding the application or have more than one conviction within the last five years preceding the date of the application.
Formal Cautions and Fixed Penalty Notices
For the purposes of these guidelines, the Council will treat formal cautions issued in accordance with Home Office guidance and fixed penalty notices as though they were a conviction before the courts.
Appendix 3
Glossary
| Term | What this means |
|---|---|
| The Act | Schedule 4: Local Government (Miscellaneous Provisions) Act 1982 |
| The Council | Stockton-on-Tees Borough Council |
| Applicant | The individual who has submitted an application for a Street Trading Consent. |
| Consent holder | An individual who holds a street trading consent and responsible for meeting the conditions attached to a consent. |
| Assistant | An individual named on the consent as assisting the consent holder in trading and meeting the conditions attached to the consent. |
| Street | Local Government (Miscellaneous Provisions) Act 1982 Paragraph 1(1), Schedule 3 includes: any road, footway, beach or other area to which the public have access without payment; and a service area as defined in section 329 of the Highways Act 1980. |
| Street Trading Consent | Permission given by the Council to trade subject to conditions and payment of a fee. |
| Site | Area identified in the Consent. |
| Unit | Unit described in the Consent. |
| Roundsman | An individual who visits a "round" of customers and delivers the pre-orders of those customers, i.e., a milkman. Trading from an ice-cream van or mobile food van is not classed as a roundsman. |
| Pedlar | A Pedlar must hold a valid Pedlar's Certificate issued by a Chief Constable of Police. Keep moving, stopping only to service customers at their request. Move from place to place, and not circulate within the same area. Carry all goods for sale and not set up a stall. |
| News vendor | The only articles sold or exposed or offered for sale are newspapers or periodicals and they are sold or exposed or offered for sale without a stall or receptacle for them or with a stall or receptacle for them which does not:
|
| Mobile trader | A Mobile Trader is one that visits more than one location within the Borough and:
|
| Licensing Officer | An Authorised Officer employed by the Council and authorised by the Council to act in pursuance of the provisions of the Local Government (Miscellaneous Provisions) Act 1982 (the legislation regulating Street Trading). |