SBC Consent Street Trading Procedural Guidance 2024

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, 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, business and 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 (i.e., delivering pre-ordered goods to customers)
• trading from a licensed highway area (pavement licence)
• trading under a street collection permit for charitable purposes

The Council recognise the valuable work the charity, community and voluntary sectors contribute to the Borough, which includes trading 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. These activities are exempted from street trading control by this guidance and include:

• trading by a registered charity or recognised association or other non-profit making organisation
• non-profit or fundraising trading taking place within a church or educational grounds for example church events, school festivals and PTA events

There are no prohibited streets within the Borough. 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.