Street trading consent

Westmorland and Furness Council's intention is to create a street trading environment which complements the area of trading, is sensitive to the needs of residents and nearby businesses and which promotes consumer choice whilst ensuring the safety of the public and prevents nuisance being caused.

What is street trading?

Street trading means the selling, exposing or offering for sale any article in a street. The term 'street' includes any road, footway or other area to which the public have access without payment. This can include private land. Westmorland and Furness Council has adopted Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982 for the whole of the Penrith town area. This includes the trading estates, but excludes lay-bys on the A66 trunk road from Junction 40 M6 to Brougham. 

Appleby streets included are:

• Battlebarrow;
• Bongate;
• Bridge Street;
• Boroughgate;
• Garth Heads Road;
• Long Marton Road;
• High Wiend;
• Low Wiend;
• The Sands; and
• Station Road.

Kirkby Stephen streets included are:

• Church View;
• Christian Head;
• Faraday Road;
• High Street;
• Market Street;
• Market Square;
• North Road;
• Silver Street;
• The Cloisters; and
• South Road.

The effect of this designation is that street trading in these areas is prohibited without first obtaining the consent of the Council.

Exemptions from the need to obtain consent

There are several exemptions from the definition of what constitutes street trading. These include:

1. a person acting as a pedlar under a Pedlar's Certificate;
2. anything done in a market or fair;
3. trading in a trunk road picnic area;
4. trading as a news vendor;
5. trading at a petrol filling station;
6. trading on premises used as a shop or in the street adjoining a shop as part of the business of the shop;
7. selling things as part of the business of a roundsman, for example, a milkman.

How to apply for a street trading consent

1. Applicants must be aged seventeen or over.
2. Application must be made, including the appropriate fee, to the Licensing Team, Voreda House, Portland Place, Penrith, CA11 7BF on the Street Trading Consent Application Form (PDF: 58Kb / 1 page)

The Council may request further information, depending on the circumstances of each individual application. Prior to determining an application, the Council will consult with such persons and in such manner as it sees fit. This may include consultation with:

1. occupiers of premises in the vicinity of the proposed trading location;
2. the local chamber of trade;
3. the local town or parish council;
4. the police;
5. the Council's town centre management staff;
6. the Highway authority.

If any objections are received following consultation, or the application contravenes any of the policies set out below, the application will be referred to the Council's Licensing Committee for determination.

Consideration of applications

The Council will consider each individual application on its merits and will normally grant a street trading consent unless, in its opinion:

1. There is not enough space for the applicant to trade in the manner proposed without causing undue interference or inconvenience to persons using the street.
2. There are already enough traders trading in the vicinity (from shops or other stalls) in the goods in which the applicant desires to trade.
3. There is undue concentration of traders trading in the street in which the applicant desires to trade.
4. The consent, if granted, will result in nuisance to members of the public, residents and local businesses due to the likely noise, smell, litter, disturbance or other problems which will be caused by granting the consent.
5. The size, nature or appearance of the proposed stall (and any associated equipment) is inappropriate for the proposed location in terms of amenity or public or highway safety.
6. The proposed trading hours are outside the usual business hours of shops in the vicinity (except in relation to a trader wishing to sell hot food, which will be considered on a site by site basis).

The Council will usually grant consent for either 6 or 12 months, but will consider granting a one day consent for special occasions. Where a proposal contravenes any of the above, or is otherwise considered to be inappropriate, the Council will first consider whether any likely problems can be overcome by the imposition of conditions and, if not, will normally refuse the application.

Conditions to be imposed

Conditions will only be imposed where reasonably necessary in all the circumstances. Conditions will normally be imposed in all cases specifying:

1. The place in which the consent holder is permitted to trade.
2. The days and times at which the consent holder is permitted to trade.
3. A description of the types of articles in which he is permitted to trade.
4. The nature, size and type of stall, stand which is to be used.
5. That the street trading consent plate issued by the Council must be conspicuously displayed on the stall.
6. If food is to be sold, that there are satisfactory handwashing facilities.
7. That the trader is not to trade from the stall unless he holds and maintains sufficient public liability cover (currently £1,000,000).
8. Restrictions on the means the trader may use to attract custom to his stall.
9. That a suitable receptacle for litter must be provided.
10. That the location must be left in a reasonably clean and tidy condition at the end of the trading hours each day.
11. That the stall must be removed each day at the end of trading hours.
12. That the trader must comply with any reasonable request of a police officer or authorised officer of the Council.
13. That the trader must produce to a police officer or authorised officer of the Council a copy of the consent on demand.

The Council considers that each of the above conditions will be reasonably necessary in relation to the majority of consents granted for the purposes of protecting public safety and the prevention of nuisance and annoyance to local residents, businesses in the locality and members of the public using the streets concerned. The Council may also impose such other conditions as it considers reasonably necessary in any particular case.

Issue of consents

Following a decision to grant consent, an applicant shall produce the necessary certificate of public liability insurance, after which he will be issued with the consent and a numbered consent plate for display on the stall.

Enforcement

Failure to comply with the conditions may lead to suspension, revocation or non-renewal of the consent. Any person found trading without consent may be subject to enforcement action by the Council. If you are concerned about possible illegal street trading, please contact the Council's Licensing Officers.