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Street Trading Application (Dover District Council)

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1
DOVER DISTRICT COUNCIL
STREET TRADING
GUIDANCE NOTES
2
STREET TRADING
Statutory Powers
Street trading is controlled by an adoptive code contained in Schedule 4 to the Local
Government (Miscellaneous Provisions) Act 1982. The code was adopted by the Council on 12
October 1963. Having adopted Schedule 4 the Council may by resolution designate any street
(a) a prohibited street, (b) a licensed street or (c) a consent street.
Definitions
Prohibited Street: This is a street in which trading is prohibited.
Licensed Street: This is a street in which street trading is prohibited without a licence
granted by the District Council.
Consent Street: This is a street in which street trading is prohibited without the consent of
the District Council.
Street: Includes any road, footway, beach or other area to which the public have
access without payment.
Street Trading: Means, subject to certain exemptions, the selling or exposing or offering
for sale of any article.
Exemptions
The following types of trading are excluded from the definition of street trading and those traders
are not required to obtain a licence or consent. They may also trade in a street designated as a
prohibited street:-
(a) Trading by a person acting as a pedlar.
(b) Anything done in a market or fair the right to hold which was acquired by virtue of a
grant, enactment or order.
(c) Trading in a trunk road picnic area.
(d) Trading as a news vendor subject to a restriction upon articles sold and the type of stall
used.
(e) Trading which is carried on at petrol filling stations or at premises used as a shop or in a
street adjoining premises so used and as part of the business of the shop.
(f) Roundsmen
(g) The use for trading under the Highways Act 1980 of an object or structure placed on, in
or over a highway (pavement cafes etc.).
(h) The operation of facilities for recreation or refreshment under the Highways Act 1980.
(j) Street collection.
3
Essential Differences
The main differences between the two types of street designation are as follows:-
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
Licensed
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
r
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.
A
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.
A
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
etc.
Where a licence is surrendered o
r
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.
Consent
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
trading consent.
There is no right of appeal against the
refusal to grant or renew a consent o
r
against the revocation or variation of a
consent.
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
f
streets etc.
Where a consent is surrendered o
r
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
consent street
4
Street Trading Licences (Street Markets)
Broadly speaking the licensing system is designed to cover street markets. It is rather complex
and has been designed in an attempt to maintain a balance between the needs of stallholders
who are dependent upon street trading for their livelihood and those of the Council.
Unless previously revoked or surrendered a street trading licence remains valid for a determined
period not exceeding 12 months.
Street Trading Consents (Itinerant Traders)
Street trading consents provide a separate form of control than the licensing system with no
rights of appeal for the trader. It is intended to cover the activities of itinerant traders ranging,
for example, from the single flower seller with a basket to the ice-cream vendor or hot dog stall.
The Council may attach to a consent such conditions as they may consider reasonably
necessary including conditions designed to prevent obstruction of the street or danger to
persons using it or nuisance or annoyance (whether to persons using the street or otherwise).
If a street trading consent includes permission for its holder to trade in a consent street either (a)
from a stationary van, cart or other vehicle or (b) from a portable stall it may be made subject to
conditions as to where and the times between which or periods for which trading may take
place.
A street trading consent may be granted for any period not exceeding 12 months and may be
revoked at any time.
General Provisions
The holder of the street trading licence or consent may employ any other person to assist him in
his trading without a further licence or consent being required subject to no such person being
under 17 years of age.
A decision by the Council to designate a street is not irrevocable if one form of control or the
absence of it proves inappropriate a new resolution may be made.
Designation Procedure
Before designating a street under any of the three categories mentioned notice of such intention
has to be published in a local newspaper and a copy served on the Chief Officer of Police and
the Highway Authority, the consent of the Highway Authority being required in the case of
licensed streets. A period of not less than 28 days must be given for the submission of
representations and these have to be considered by the Council before proceeding, if they think
fit, to pass the proposed resolution. Public notice has also to be given of the passing of the
resolution and the date specified for the coming into force of the designation must be not less
than 28 days after the first publication of that notice.
5
Fees
The level of fees set by the District Council for the grant or renewal of a street trading licence or
consent need not be restricted to the recovery of the cost of administration. The Council may
set different fees relating to the duration of a licence or a consent and relating to the street and
articles to be sold recognising that market forces may be taken into consideration to a certain
extent in determining the different fee levels. Whilst there is no requirement to publish notice of
fees payable for the issue of a licence or consent a District Council must give notice to the
licence holders and publish notice of fees to be charged for the cleansing etc. of street and any
variations thereof.
Offences
A person who:-
(a) Engages in street trading in a prohibited street.
(b) Engages in street trading in a licensed street or a consent street without being
authorised to do so.
(c) Contravenes any of the principal terms of a street trading licence.
(d) Being authorised by a street trading consent to trade in a consent street:
(i) trades from a stationary van, cart, barrow or other vehicle
or
(ii) from a portable stall
without first having been granted permission to do so.
(e) Contravenes certain conditions shall be guilty of an offence, subject to a statutory
defence.
In addition a person who, in connection with an application for a street trading licence or
consent, makes a false statement which he knows to be false in any material respect or which
he does not believe to be true shall also be guilty of an offence.
LICENCE\MISC\ST-GN
6
DOVER DISTRICT COUNCIL - PRESENT POSITION
In order to obtain the benefit of greater flexibility the District Council has designated those
streets or parts thereof, together with any road, footway, beach or other area detailed in
Appendix A to which the public has access without payment which is adjacent to the street or
part of it.
In addition every other street adjoining any street referred to in Appendix A for a distance of 20
metres from its junction with each such designated street have also been designated as consent
streets.
The Council has, on individual application, also designated additional streets as consent streets
for specific dates in connection with Deal and Dover carnivals and Deal braderie.
Criteria
All applications for consent will be considered on their merits but regard will be had to the
following criteria:-
(a) In the case of persons wishing to trade on a commercial basis the goods to be sold
should usually be restricted to food, beach goods and souvenirs.
(b) Consents should not be granted when there already exists sufficient retail outlets in the
area.
(c) Consent should not be granted if there is insufficient space and undue inconvenience
and interference to pedestrians or road users will be caused or where to do so would be
prejudicial to highway safety.
(d) The Council should be satisfied as to the suitability of the applicant.
(e) That street trading should only be permitted to take place between specified hours.
Roundsman
For the purposes of exemption "Roundsman" has been defined as follows:-
A person who regularly travels a set route making deliveries to regular customers at their home.
Consent Conditions
Details of the general conditions applying to a consent are attached at Appendix B.
7
Fees
The Council has established the following criteria in respect of fees.
(i) The annual fee should be such that the costs of the service are met by the users thereof.
(ii) A daily fee is also payable in respect of one off applications.
(iii) Local carnivals, braderies and tourism promotions - to be determined by Officer in
consultation with Co-Chairmen of the Technical Services Committee.
(iv) Registered charities - no charge.
In the event of an application being refused the whole fee is refunded and in those cases where
consent is prematurely surrendered or revoked a proportion of the fee relating to the unexpired
completed months is refunded upon request.
Determination of Applications
Applications must be made on the correct form (Appendix C) and be accompanied by the
appropriate fee.
The Council will seek the views of the Chamber of Trade, Town Council, Local Police and any
other organisation that may be deemed appropriate prior to the matter being placed before the
relevant Committee of the Council. As meetings of the Committee are some weeks apart time
scales should be discussed with the relevant member of staff.
Consents
Consents are issued for a maximum of 12 months and applications for renewal should be made
in good time.
If you sell the business that has the benefit of a street trading consent you must notify the
Council immediately. The new owner of the business must apply to the Council for consent.
A consent holder may employ other persons to assist in his trading without further consents
being required.
Enforcement
The Licensing Manager is empowered to revoke consents in the event of a breach of conditions
or institute legal proceedings against anyone trading in a designated consent street without the
benefit of a valid consent.
The submission of an application for consent does not permit trading.
White Cliffs Business Park
Dover
Kent
CT16 3PJ
1 March 1995
8
APPENDIX A
DOVER DISTRICT COUNCIL
DESIGNATED CONSENT STREETS
Deal
Albert Road
Alfred Square (High Street to Alfred Row)
Beach Street
Broad Street
Court Road
Cornwall Road
Deal Castle Road
Dover Road (Ripple Road to The Strand)
Duke Street (High Street to Robert Street)
Farrier Street (High Street to Middle Street)
George Alley
Gilford Road
Godwyn Road
Golf Road (Godwyn Road to Western Road)
Granville Road
Griffin Street (High Street to George Street)
Hamilton Road
High Street
Ivy Place
King Street
Kingsdown Road
London Road (Queen Street to Sholden New Road)
Manor Road
Marine Road
Marina, The
Market Street (High Street to Middle Street)
Middle Deal Road
Middle Street (King Street to Market Street
King Street to Middle Street Car Park
Broad Street in southerly direction for 20 metres
South Street in northerly direction for 20 metres)
Mill Hill
Mill Road
Mongeham Road (London Road to St Richards Road)
New Street
Oak Street (High Street to Middle Street)
Park Avenue
Park Street (High Street to eastern boundary of No. 4)
Peter Street
Prince of Wales Terrace
Promenade (From junction of The Marina/Beach Street to southern boundary of Deal Castle)
Queen Street
St George's Road (High Street to western boundary of Town Hall Car Park)
St Georges Passage
St Richards Road
Salisbury Road
Sondes Road
9
South Court
South Parade
South Street
Stanhope Road (High Street to eastern boundary of Astor Theatre)
Station Road (Dover Road to Court Road)
Strand, The
Union Road (High Street to western boundary wall of Union Road Car Park)
Victoria Parade
Victoria Road
Water Street (High Street to Robert Street)
Wellington Road (High Street to eastern boundary wall of No. 27)
Western Road
Dover
A20 (Eastern Dock to Court Wood Interchange)
Alkham Road (Abbey Road to London Road, Temple Ewell)
Astor Avenue
Barton Road
Beaconsfield Avenue
Beaconsfield Road
Bench Street
Biggin Street
Bridge Street
Brookfield Avenue (Whitfield Avenue to Buckland Avenue)
Buckland Avenue
Cambridge Road
Camden Crescent
Cannon Street
Castle Hill Road (Maison Dieu Road to Upper Road)
Castle Street
Chapel Lane
Charlton Green (Frith Road to Maison Dieu Road)
Cherry Tree Avenue
Chilton Way
Church Street
Coombe Valley Road
Connaught Road
Crabble Hill
Crabble Road
Dieu Stone Lane (Cannon Street to bridge over the River Dour)
Dolphin Lane
Dolphin Passage
Dolphin Place
Duoro Place
Eaton Road
Edwards Road
Effingham Crescent
Elms Vale Road (Elms Hill to Folkestone Road)
Esplanade
Fishmongers Lane
Flying Horse Lane
Folkestone Road (Little Farthingloe Farm to Priory Road)
Frith Road
Gaol Lane
High Street
10
Honeywood Road
King Street
Ladywell
Last Lane
Lewisham Road
London Road, Dover
London Road, River
London Road, Temple Ewell (Railway Bridge to London Road, River)
Maison Dieu Place
Maison Dieu Road
Marine Parade (Waterloo Crescent to Townwall Street)
Market Square
Market Street
Melbourne Avenue
Mill Lane
New Bridge
New Street
Park Avenue
Park Place
Pencester Road
Peter Street
Priory Hill (High Street to the western boundary of the United Reformed Church)
Priory Road
Priory Street
Queen Street
Queens Gardens
Russell Street
St James Lane
St James Street
St Mary's Passage
Snargate Street (Service Road)
Stembrook
Tavernors Lane
Tower Hamlets Road
Tower Hamlets Street
Unnamed road between Cambridge Terrace and Waterloo Crescent
Victoria Crescent
Waterloo Crescent
Wellesley Road
Whitfield Avenue
Whitfield Hill
Wood Street
Woolcomber Street
Worthington Street
York Street
NB. The promenade of Dover has been specifically excluded from consent street provisions
but the prior
approval of the Dover Harbour Board is required.
11
Sandwich
All streets within area bounded by The Butts, Millwall, Ropewalk, The River Stour and The
Guestling Stream
The Ash Road (A257) (Town Wall to Sandwich Bypass)
Deal Road (Dover Road to Sandwich Bypass)
Dover Road (Town Wall to Deal Road)
Ramsgate Road (High Street to Sandwich Bypass)
Woodnesborough Road (Town Wall to Sandwich Bypass)
CCGEN\ST-GN
1
APPENDIX B
STANDARD CONDITIONS APPLICABLE TO STREET TRADING CONSENT
1. The consent is personal to the trader and is not transferable.
2. The holder may only site the permitted structure at the approved location(s).
3. A plate bearing THE NAME OF THE HOLDER AND THE NUMBER OF HIS CONSENT
or a copy of the consent, shall be shown in a conspicuous plan.
4. The holder may only trade between the approved times.
5. The holder may only sell articles approved by the Council.
6. The holder shall indemnify the District Council against any claims in respect of injury
damage or loss arising out of the grant of this consent (except insofar as any claim in
respect of injury damage or loss is attributable to the negligence of the Council) and
shall if required maintain a public liability insurance policy with a limit of indemnity of up
to 5 million. The holder shall produce the certificate of insurance and any renewal
thereof within 24 hours of the original expiry date.
7. The name and address of all employees shall be notified to the relevant local Police
Station at least 48 hours before the commencement of the period of employment.
8. All employees must be issued with an identification/authority card.
9. No person under the age of 17 years shall engage or be employed in street trading.
10. Suitable fire extinguishers shall be provided in appropriate cases.
11. A suitable first aid box shall be provided.
12. The prior consent of the Council shall be obtained to the use of temporary electrical
fittings and such fittings are to be correctly wired and powered via recognised standard
electrical outlets. Electrical leads to such fittings are to be run out of reach of the public
and all electrical lampholders within reach of the public shall be kept fitted with lamps or
otherwise protected.
13. The holder shall take all reasonable and proper precautions for the safety of all other
persons using the street(s) and to prevent danger to persons using the street(s).
14. The consent holder shall not cause any nuisance or annoyance howsoever arising to the
occupiers of the adjoining properties or to any person using the said properties or
adjoining streets, nor shall he cause any obstruction of the highway.
15. The consent holder shall comply with the reasonable requests of a duly authorised
officer of the Council to take such action as is considered necessary to abate any
nuisance or obstruction.
16. Public highways shall be maintained in a clean condition during each days trading and
all rubbish and waste paper accumulated throughout the daily operation of this consent
shall be removed at the end of each days trading.
2
17.
The consent holder
shall observe perform and comply with all relevant statute law,
common law and bye law provisions, including
Road Traffic Regulation Orders made by
the Highway Authority.
18.
The prior approval of the local police is needed in connection with the entry into
pedestrian areas of any vehicle associated with the consent.
19. Any vehicle or stall etc. used in connection with the operation of this consent
shall
comply with all relevant food hygiene and health and safety legislation.
20.
Any vehicle used in connection with the operation of this consent shall be
properly
t
axed, have a valid certificate of motor insurance and, where appropriate, a valid
M.O.T.
Certificate.
21.
The consent holders vehicle shall not wait for the purposes of loading in any residential
street for a period of longer than 30 minutes in any period of 3 hours.
22. The issue of
a street trading consent shall purport to grant to the holder any other
licence or permission required under any other enactment or requirement.
23. A consent may be surrendered at any time.
CCGEN\ST-GN
Useful contacts:
Environmental Health Food Safety Team: 01304 872216
http://www.dover.gov.uk/environment/environmental_health/food_safety.aspx
Kent County Council Highways
: 08458247800
www.kent.gov.uk
For information on starting up a business: https://www.gov.uk/
DOVER DISTRICT COUNCIL
LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1982
APPLICATION FOR STREET TRADING CONSENT
APPLICANT
SURNAME:
FIRST NAME(S)
in full
TRADING AS
PERMANENT ADDRESS
COUNTY
POST CODE
TELEPHONE NO:
Code ( )
DATE OF BIRTH:
TRADING DETAILS
NAME OF STREET(S):
DATES OF TRADING:
BETWEEN THE TIMES:
AND
DESCRIPTION OF
ARTICLES TO BE SOLD:
Is any cart, barrow, stationary van or other vehicle or portable stall to be used in connection with
the
trading of the above articles:
YES/NO
IF YES
(i) SPECIFY TYPES:
(ii) GIVE DETAILS INCLUDING
DIMENSIONS:
(iii) DETAIL PRECISE LOCATION
REQUIRED:
(iv) REGISTRATION NO. (if appropriate):
HAVE YOU SOUGHT THE ADVICE OF THE ENVIRONMENTAL YES/NO
HEALTH OFFICER IN RESPECT OF FOOD HYGIENE
AND HEALTH AND SAFETY MATTERS
IF YES, PLEASE ATTACH COPIES OF RELEVANT CORRESPONDENCE
HAVE YOU EVER BEEN REFUSED A STREET TRADER'S YES/NO
LICENCE OR CONSENT IN THIS OR ANY OTHER AREAS?
IF YES, PLEASE GIVE DETAILS
HAVE YOU EVER BEEN CONVICTED OF ANY OFFENCE INVOLVING YES/NO
DISHONESTY, VIOLENCE OR FOOD MATTERS. IF YES, PLEASE
GIVE DETAILS
* I DECLARE THAT I HAVE CHECKED THE INFORMATION GIVEN ON THIS APPLICATION
FORM AND TO THE BEST OF MY KNOWLEDGE AND BELIEF IT IS CORRECT.
~ I ENCLOSE £490.00 BEING THE APPROPRIATE FEE (£130 FOR AN OCCASIONAL)
~ TWO RECENT PHOTOGRAPHS OF MYSELF (PHOTOS CAN BE TAKEN AT THE OFFICES
BY PRIOR APPOINTMENT)
~ WRITTEN APPROVAL FROM THE OWNER OR OCCUPIER OF ANY PRIVATE LAND
FORMING PART OF THE APPLICATION
SIGNED: DATED:
NOTE:
If any person makes a false statement or omits any material particular in giving the foregoing information
knowingly he shall be guilty of an offence under Paragraph 10 of Schedule 4 of the Local Government
(Miscellaneous Provisions) Act 1982, and shall be liable on summary conviction to a fine not exceeding
four hundred pounds.
This authority is under a duty to protect the public funds it administers, and to this end may
use the information you have provided on the form for the prevention and detection of fraud.
It may also share this information with other bodies responsible for auditing or administering
public funds for these purposes.
LICENCE\MISC\STAPPL
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Street Trading Application (Dover District Council)

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