SBC Consent Street Trading Procedural Guidance 2024

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 however 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. 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, advising the public how to comment on the application. This requirement will not apply to roaming consents. 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 relevant representation made in writing to the Licensing Service.

A relevant objection 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 vexatious or frivolous and should concern itself only with matters likely to be affected by a successful application. 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. Officers will determine whether an objection is relevant according to its merit and any benefit of doubt will be given to the objector.

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 an offence.

If more than one application is received for any new or vacant site, applications will be considered in consultation with the Chair or Vice Chair of the 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 Licensing Committee and a legal representative.

All applications will be assessed against the Assessment Criteria.