STREET TRADING INFORMATION PACK Licensing Team - Resources Directorate Peterborough City Council - Town Hall Peterborough PE1 1FA Tel: 01733 747474 Email: licensing@peterborough.gov.uk
STREET TRADING DEFINITIONS Street Trading means selling or exposing or offering for sale of any article (including a living thing) in a street. A Street includes: any road, footway, beach or other area to which the public have access without payment. A Consent means a consent to trade has been granted by the council Consent holder means the person or company to whom consent to trade has been granted by the council. Unit means a barrow, stall or vehicle as specified in the consent. The council means Peterborough City Council as being the authority under the Local Government (Miscellaneous Provisions) Act 1982 that controls street trading in the Peterborough area. A Static Street Trader means a trader who has been granted by the council to trade from a specified location. A Mobile Street Trader means a street trader who moves from street to street but trades for less than 15 minutes at any one point and does not return to a similar trading position within 2 hours. 2
STREET TRADING NOTES TO APPLICANTS Street Trading Consents are governed under the Local Government (Miscellaneous Provisions) Act 1982 ( the Act ). Peterborough City Council has adopted provisions in the Act so that it can effectively control street trading. This means that it is an offence to trade without a consent granted by the council. Please take particular note of the following: The council reserves the right to add conditions, vary, or revoke a consent at any time where considered appropriate. If you wish to trade outside of the Peterborough area you should contact the appropriate licensing authority for that area. If you wish to trade within the city centre you should contact: City Centre Co-ordinator Commercial Operations Town Hall Peterborough Tel: 01733 452217 THE CONSENT HOLDER IS RESPONSIBLE FOR ENSURING: 1. That all legislation relevant to the business is complied with. 2. There is proper and adequate insurance cover for all eventualities including public liability insurance cover. The Council will not be held responsible for any acts or omissions arising from the granting of the consent. 3. That where trading is on private land permission is obtained from the owner and/or occupier. A copy of the permission to be submitted to the Council. A fee may be charged by them for the use of the land which is separate from the Council s consent fee. Information can be obtained about ownership of land by contacting the H.M. Land Registry 0300 006 0411. 4. That the profitability of the site location is appropriate to their requirements. The council cannot accept responsibility for the profitability of the site location as this is determined by several factors, such as passing trade, quality of goods, quality of service, etc. We suggest prior research to be carried out by the applicant on the proposed site in order to assess site potential. THE ISSUING OF CONSENT DOES NOT: 1. Permit trading outside the terms of the consent. 2. Indicate that planning permission is not required. 3. Indicate that the unit is exempt from business rates. The trading concessions may be rateable even though the unit/stall may not be permanent. Case law exists which upholds this principle. In the event that the 3
Valuation Officer saw fit to rate these concessions the trader may be regarded as the rateable occupier. 4. Over ride parking restrictions or any other traffic regulations. 5. Imply a definitive approval from the highway authority or any other person or authority THE CONTROLS DO NOT APPLY TO: 1. A pedlar with a valid pedlar s certificate issued under the Pedlars Act 1871. A pedlar is someone who goes from house to house selling at the customers premises and not from a vehicle, stall etc. Pedlar s certificates are obtained from the Police. 2. A Roundsman for example, milkmen, coal men and other people who offer or expose goods for sale may lawfully trade without a street trading consent. Evidence of pre-ordering would be expected to differentiate from casual or speculative sales. 3. News vendors selling only newspapers and periodicals. In addition, the articles must only be sold or exposed or offered for sale without a stall or receptacle or if the person does have such a piece of equipment it must not exceed one metre in length or width or two metres in height; occupy a ground area exceeding.25 square metres or stand on the carriageway of a street. 4. The forecourt of a petrol filling station. 5. A stall outside a shop as an extension of that business. 6. Any area which is more than 20 metres from the boundary of a consent street i.e. which is physically closed to the public. You must: THE APPLICATION Be at least 17 years of age Not employ any person under the age of 14 years (Section 20, Children and Young Persons Act 1993) Fully complete all relevant sections on the application form (failure to complete all of the relevant sections will delay your application as this will result in your application being returned to you with a note advising of any omission or error) Ensure that the correct fee accompanies the application form (please note that consent is issued subject to receipt by the council of full payment) Complete all calculations of the street trading fee form. The calendar forms part of the application and must be completed and returned in all cases Complete a separate application form for each unit and trading position. LENGTH OF CONSENT The consent periods run as follows: 01 January to 31 March 01 April to 30 June 01 July to 30 September 01 October to 31 December 4
The minimum consent period is three months as per above but may be issued for a maximum of twelve months however, all consents will expire on 31 March. INFORMATION FOR ICE CREAM TRADERS ONLY As part of the complete application, ice cream traders must include the following: Enclose for yourself and each employee or person/s standing in for you a Basic Criminal Record Check Certificate (CRB). This can be obtained from https://www.gov.uk/request-copy-criminal-record (This cannot be any older than one month from the date of your application). Copy of current Driving Licence Copy of current MOT Certificate Failure to supply the above will result in your application being refused. FEES 1. Fees are payable for each unit and/or site. 2. Must be paid in advance and accompany the completed application form. 3. Are reviewed from 1 April each year. 4. Fees to the 31 March 2019 are: Mobile Ice Cream Traders Fee paid annually 746.00 All Other Traders Trading between 05.00 23.00 hrs Trading between 23.00hrs 05.00hrs New Application (Consultation) 12.00 p/day 12.00 p/night 160.00 REFUND OF FEE The consent holder is only entitled to a refund of part of the fee paid from the time the consent is surrendered to the Licensing Section at the Town Hall or the consent is revoked by the City Council. This is on the following basis:- Ice Cream Traders: There is no entitlement to a refund of fees, after the first month of trading has expired. All Other Traders: If you surrender your consent (or it is revoked) you will be entitled to a refund from the time the original consent is received by the licensing team to the remainder of the consent period paid for. The basis on which the refund is calculated is shown in the example below: 5
Number of complete days remaining x Daily fee paid - Less administration charge = = 17 12.00 x 17 = 204.00 65.00 Amount to be refunded = 139 THE APPLICATION PROCESS Step 1 Identify Location Please remember that PCC cannot give advice on the profitability of a location, there may be many factors that can determine this not just the location of the unit. Examples are type of product sold, quality of goods, preparation and customer service etc. We recommend that you speak to other traders in the area and research thoroughly. Step 2 Private land If the unit is to be located on private land you will need to gain written permission from the land owner/occupier. This must accompany your application and be forwarded to us. Step 3 Submit Application and Supporting Documents Application form (fully completed) Plan showing the proposed location clearly identified Fee of 160 (this is non refundable if unsuccessful) Step 4 Licensing Officer Enforcement Visit A visit will be scheduled by a Licensing Regulatory Officer in order to take photographs of the unit and proposed trading location that may be used in conjunction with the application Step 5 Consultation The application is subject to a 28 day consultation period starting the day after the day the application was made to the licensing authority and will involve: Consulting with the council Highways department and local ward Councillors for the area in which the unit will be located for them to make if any representations relating to the application. The application will be copied for information only to - the Cambridgeshire Constabulary, the Fire & Rescue Service, the council Pollution control department and the council Planning department. Step 6 Decision Making At the end of the consultation period (the day after the 28 th day) the application, all supporting documents and representations (if any) will be assessed by a Licensing Officer who will then make their recommendations to the Licensing Manager who will decide, based on the application, representations (if any) and any officer recommendations to either grant or refuse the application. Step 7 Notice of Decision If the application is approved the applicant will be notified and will be asked to complete an application form and submit a fee of a minimum of three financial calendar months (quarter) in advance of trading e.g. 01 January to 31 March, 01 April to 30 June etc however, should the 6
applicant wish to start trading half way through a quarter he/she will be required to pay the remaining quarter as well as the next quarter. Step 8 Appeal Procedure If the application is refused the applicant will be given 21 days starting from the day he/she is advised of the refusal to appeal against the decision to the Licensing Committee. STREET TRADING CONDITIONS PERTAINING TO STATIC TRADERS ONLY Consent holders must: 1. have a current insurance policy against Public Liability and Third Party Risks 2. ensure that no person under the age of 17 years old is employed in or assists in the unit 3. inform PCC in writing if trading is to stop for a period of 3 weeks or more (should PCC not be informed this may result in the consent being revoked and the pitch being recorded as vacant) 4. return the consent issued, to PCC immediately if they are to cease (stop) trading. PCC must be notified in writing if trading is to cease 5. provide suitable storage for litter and refuse, which will be properly disposed of at the end of each trading day (it is unlawful to put trade or commercial waste in public litter bins) 6. ensure that the surrounding area on which the unit is located is left clean and free from debris 7. ensure that all waste matter is collected or disposed of appropriately and not disposed of down road gully 8. ensure that any generator used is reasonably silent running, does not leak fuel (any spillage is the consent holders responsibility) and does not create a tripping hazard 9. ensure that no signs or advertisements relating to the unit are displayed at the pitch or on the approach to it, except those that have been approved by the Highways Department of PCC 10. ensure that no tables, chairs, trestles or any other structures are placed on the pitch without permission from PCC The consent holder or any other person working in the unit must: 1. comply with the terms of the consent i.e. trading days, trading times, trading location 2. comply with the Food Safety Act 1990 3. comply with the Voluntary Code for Practice For The Fast Food Industry (DEFRA 2003) or any document that replaces this 4. wear their photograph identification badges issued by PCC when trading is taking place (where issued) 5. ensure that no goods or produce are stored or displayed at the side of the unit 6. ensure that the unit is available for inspection by an authorised PCC officer at any time when trading is taking place or at other times with prior notice 7. ensure that trading does not cause a danger, annoyance or nuisance to the public 8. ensure that at all times access is clear for Emergency Service s vehicles 9. in the event of an emergency or any other reasonable request by PCC move the unit without prior warning The unit must: 1. have the current Street Trading Consent issued by PCC clearly and publicly displayed 2. be removed from the highway or trading area out of permitted trading hours 7
3. be purpose made and should any alterations be needed they must first be approved by PCC 4. be kept in good and clean repair both inside (interior) and out (exterior) 5. contain suitable fire fighting equipment pertaining to the nature of the business to reduce the risk of an outbreak of fire STREET TRADING CONDITIONS PERTAINING TO MOBILE TRADERS ONLY Consent holders must: 1. have a current insurance policy against Public Liability and Third Party Risks 2. ensure that no person under the age of 17 years old is employed in or assists in the unit 3. return the consent issued, to PCC immediately if they are to cease (stop) trading. PCC must be notified in writing if trading is to cease 4. If the trader is an Ice Cream trader the ID plate issued by PCC must be clearly displayed at all times. The consent holder or any other person working in the unit must: 1. comply with the terms of the consent i.e. trading days, trading times, trading location 2. comply with the Food Safety Act 1990 3. comply with the Voluntary Code for Practice For The Fast Food Industry (DEFRA 2003) or any document that replaces this 4. wear their photograph identification badges issued by PCC when trading is taking place (where issued) 5. ensure that the unit is available for inspection by an authorised PCC officer at any time when trading is taking place or at other times with prior notice 6. ensure that trading does not cause a danger, annoyance or nuisance to the public 7. ensure that at all times access is clear for Emergency Service s vehicles The unit must: 1. have the current Street Trading Consent issued by PCC clearly and publicly displayed 2. be purpose made and should any alterations be needed they must first be approved by PCC 3. be kept in good and clean repair both inside (interior) and out (exterior) 4. contain suitable fire fighting equipment pertaining to the nature of the business to reduce the risk of an outbreak of fire. 8
5. comply with the Summary of the Code of Practice on Noise from Ice Cream Van Chimes Etc. in England 2013 It is an offence to sound your chimes before 12.00 noon or after 7.00 pm. It is also an offence to sound your chimes at any time in such a way as to give reasonable cause for annoyance. A code of practice approved by the Government gives guidance on methods of minimising annoyance caused by your chimes. The main points of the code of practice are: Do not sound chimes 1. for longer than 12 seconds at a time; 2. more often than once every 2 minutes; 3. more than once when the vehicle is stationary at a selling point; 4. except on approach to or at a selling point; 5. when in sight of another vehicle which is trading; 6. when within 50 metres of schools (during school hours), hospitals, and places of worship (on Sundays and other recognised day of worship); 7. more often than once every 2 hours in the same length of street; 8. louder than LAmax 80dB at 7.5 metres; * 9. as loudly in areas of low background noise or narrow streets as elsewhere. REMEMBER: It is an offence to sound your chimes before 12.00 noon or after 7.00 pm. It is an offence to sound your chimes at any time in a way which gives reasonable cause for annoyance. *At 7.5 metres over a 12-second period of continuous chiming. Noise measurements should be undertaken with a meter which conforms to BS EN 61672-1:2003 Electroacoustics. Sound level meters. Specifications (Class 1 ) set to the A-frequency weighting and the F-time weighting. The microphone should be held at a height of 1.2 metres above the ground, and at a distance of 7.5 metres from the loudspeaker. The microphone should be fitted with a windshield and the meter should be calibrated periodically and checked prior to (and after) measurement by a calibrator conforming to BS EN 60942:2003 Electroacoustics. Sound calibrators. INDEPENDENT BODY Applicants may wish to know that there is a body which offers advice on all aspects of outside catering. This body is called NCA (Nationwide Caterers Association Ltd) and is available at: Nationwide Caterers Association Ltd 89 Mappleborough Road Shirley Solihull West Midlands B90 1AG Website: www.ncass.org.uk 9