Licence - street trading

licence - street trading

Street trading is regulated under schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982.

All streets in the area are designated as consent streets. This means that any person who wishes to sell items from a trailer or stall in a street (or within ten metres from the highway) must first obtain a street trading consent from the Council.

Food traders must also be registered with their local Environmental Health office.

You do not need a street trading consent if you are:

  • Trading as a pedlar under licence issued by a police authority
  • A market trader operating at a licensed market venue
  • A news vendor selling only newspapers and periodicals
  • If you are trading on private land you may not need a consent. To confirm the situation you are advised to contact us, using the details above. The landowner may need planning permission and you are advised to contact the Council's Planning office.

The A41, A411, and parts of the A412, are designated as prohibited streets where no trading may take place. The Council does not allow street trading in the town centre either.

Once you have decided when and where you wish to trade, contact us and we will be happy to send you an application form. Applicants must be over 17 years old and must provide specific information, including details of the street you wish to trade on and the days and times you wish to trade. We will be able to inform you whether or not the location you have chosen may or may not be suitable.

Complete the application form and return it with:

  • two passport photographs
  • food registration certificate (if applicable)
  • public liability insurance certificate.

You will also need to provide evidence that you have Public Liability Insurance to the value of £5 million and that your business is registered with your local council if you wish to sell food.
Applications will not be considered without this evidence. All details on the application are checked.

Your application details are circulated in our Licensing applications bulletin, which goes to:

  • local councillors
  • the police
  • the highways authority for major roads.

Local residents and businesses who may be affected by your application may also be consulted before any street trading consent may be granted.

Will tacit consent apply?

No. It is in the public interest that the authority must process your application before it can be granted. If you have not heard from us within 35 working days, please contact the licensing team. You can do this online if you applied through the UK Welcomes service or use the contact details below.

Licences will be refused if any of the following grounds exist:

  • adverse comments are received from the consulted parties
  • there isn't enough space in the street you wish to trade in, without causing interference or inconvenience to street users
  • you wish to trade for less days than any minimum required trading days
  • you are unsuitable to hold a licence do to any previous convictions or for other reasons
  • you have previously failed to pay fees due under another street trading licence or have failed to use a previous street trading licence

Under certain circumstances if certain grounds for refusal exist the council may still award a licence but for fewer days than required, or to allow trade in certain items.

The council will either grant the application or serve a notice on you within a reasonable time.

The notice will be served if the council intend to refuse the application, grant it on different terms than those applied for, confine trading to a particular place in a street, vary conditions of a licence or revoke a licence.

The notice will detail the grounds for their decision and state that within seven days of the notice you can request in writing the opportunity to make representations.

The Council may revoke a street trading consent after it has been granted. This may be for a variety of reasons such as: non compliance with conditions, non payment or because other agencies such as highways department require access to the trading location. You will be given at least 10 days notice if your consent is revoked.

Failed application redress

If you wish to appeal a decision of the council you may appeal to the local Magistrates' court within 21 days of the date you were notified of the decision.  You may appeal the decision of a Magistrates' Court to the local Crown Court.  Please contact the licensing team in the first instance.

Consumer complaint

We would always advise that in the event of a complaint the first contact is made with the trader by you - preferably in the form a letter (with proof of delivery). If that has not worked, if you are located in the UK, Consumer Direct will give you advice. From outside the UK contact the UK European Consumer Centre.

Apply online

Apply online for a street trading consent

Apply online to change a street trading consent

Further information

Please contact Environmental Services on tel: 01923 278503 for further information.

For more information

ehl@watford.gov.uk

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