The main differences between the two types of street designation are as follows:-
District Council obliged to grant a licence
unless the application ought to be
refused on one or more of the grounds
specified in the Act.
District Council may only revoke o
refuse to renew a licence on the
statutory grounds relating to principle
terms (i.e. days, times, articles for sale).
Before a District Council may vary a
principle term of a street trading licence
or before it may refuse to grant or renew
or revoke a street trading licence it must
first invite the applicant/licence holder to
make representations and then afford
that person a reasonable opportunity to
make those representations.
Statutory grounds of appeal against the
refusal, revocation or variation of a
principal term of a street trading licence
are contained in the Schedule.
licence holder may be prosecuted for a
breach of the "principle terms" which
relate to the street in which the days and
times upon which and the articles in
which the holder trades.
District Council may recover from a
licence holder such reasonable charges
as they may determine for the collection
of refuse and the cleansing of streets
Where a licence is surrendered o
revoked the Council has a discretion to
remit or refund any fee paid to it.
The consent of the Highway Authority is
necessary for the designation of a street
as a licensed street.
District Council under no duty to grant a
street trading consent and need not
specify statutory grounds for refusal.
No statutory limitation on a District
Council's power to revoke or refuse to
renew a street trading consent.
No notice requirements apply to a street
There is no right of appeal against the
refusal to grant or renew a consent o
against the revocation or variation of a
street trading consent holder may only
be prosecuted for a breach of a condition
where he trades from a stationary van,
cart, vehicle or from a portable stall in a
place or at a time not included in the
consent, or for breach of the condition
relating to the positions and times in
which he may trade but not for a breach
of a condition relating to the type of article
to be sold.
A District Council may not charge the
holder of a street trading consent for the
collection of refuse and cleaning o
Where a consent is surrendered o
revoked a Council is under a duty to remit
or refund the whole or part of any fee paid
for the consent.
Highway Authority consent is not required
before the designation of a street as a