The District Council has powers under the Local Government (Miscellaneous Provisions) Act 1982 to control street trading. In accordance with the Act the Council has designated certain streets as consent or prohibited streets for the purposes of street trading.
Where a street has been designated a prohibited street no street trading is allowed. In those streets which are consent streets permission from the Council is required.
Street trading means selling, exposing of, offering for sale any article in the street which includes footways and generally any area where the public have access without payment.
Some types of trade are exempt from the restrictions imposed under the Act, these include:-
- Pedlars trading under the authority of a Pedlar's Certificate (obtained from the Police)
- Trade carried out by roundsmen e.g. milkmen
- News vendors trading in the sale of newspapers and periodicals only (subject to restrictions on the size of any stall)
- Trade at fairs and markets which have a right to trade
- Trade at Petrol Stations
- Trade carried out in a street adjoining a shop provided it is part of the business carried out by the shop (there may be specific planning restrictions on such trade).
To trade on a consent street requires a specific consent from the Council to operate in an identified location. The Council has identified two locations which it deems suitable for street trading, consents have been granted to the current operatives in these locations.
There are other powers under which the County Council, as Highway Authority, and the Police may control trading from any of the streets not controlled by the District Council. There is also other legislation under which the District Council monitors trading particularly the sale of food under Environmental Health requirements.
Follow this link for further information regarding street trading.
