1 Purpose
1.1 The Council’s street trading policy is to create a
street trading environment which complements premises-based
trading, is sensitive to the needs of residents, provides diversity
and consumer choice, and seeks to enhance the character, ambience
and safety of local environments.
2 What is Street Trading?
2.1 Street trading means 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.
2.2 Bath & North East Somerset has adopted Schedule 4
of the Local Government (Miscellaneous Provisions) Act 1982 for the
whole of its area and has designated all streets in the area as
‘consent streets’ for street trading purposes.
2.3 The effect of this designation is that street trading
in any street is prohibited, subject to legal exemptions, without
first obtaining a street trading consent from the Council.
3 Exemptions from the need to
obtain a Consent
3.1 Some types of trade are legally exempt from the need
to obtain a street trading consent. These include:
- a person trading under the authority of a pedlars’ certificate
granted under the Pedlars Act 1871
- trade carried out by roundsmen e.g. milkmen
- trade carried on at a petrol filling station
4 Street Trading Consents for which
fees are not payable
4.1 Bath & North East Somerset will not require the
payment of fees for the following street trading activities:
- fetes, carnivals or similar community based and run events
- non-commercial or charitable events
- farmers markets (producer-managed marketplace for local
producers to sell their own produce direct to local people)
- sales of articles by householders on land contiguous with their
homes
5 Site Assessment
5.1 The Council will identify suitable ‘pitches’ for
street trading and will maintain a map showing their
location.
5.2 Consents may also be issued to mobile artists who
sketch or paint, sell their own work and move from location to
location.
5.3 In determining whether to create a street trading
pitch the Council will have regard to:
- any effect on road safety, either arising from the siting of
the pitch or from customers visiting or leaving
- any loss of amenity caused by noise, traffic or smell
- existing Traffic Orders e.g. waiting restrictions
- any potential obstruction of pedestrian or vehicular
access
- any obstruction to the safe passage of pedestrians
- the safe access and egress of customers and staff from the
pitch and immediate vicinity
6 Consultation
6.1 Before a new pitch is created the Council will consult
and seek written observations from:
- occupiers of premises immediately adjacent and opposite
- ward councillors
- parish or town council
- Avon & Somerset Constabulary
- Development Control (B&NES)
- Highways (B&NES)
- existing holders of street trading consents in te immediate
area
The Council will also consider any responses received in
relation to public notices on the highway.
6.2 Any objection from consultees will be assessed against
the criteria in 5.3 above and may be referred to
the appropriate Sub Committee for determination.
6.3 Any proposed change to standard conditions (see 10.1
below) will be consulted with consent holders and others, if
relevant.
7 Nature of Goods and Trading
Hours
7.1 The nature of goods which may be sold from any pitch
will be specified in the consultation process. Any subsequent
substantial change will be subject to the level of consultation in
6.1 above.
7.2 The Council would not normally grant a consent for the
sale of goods or services which conflict with those provided by
nearby shops.
7.3 Goods will normally consist of craftwork, fresh
flowers, ice cream or soft drinks. Other types including services
will be considered on a pitch by pitch basis and have particular
regard to local needs shopping, product/ service diversity and
balance.
7.4 Street trading hours will normally mirror those of
shops in the immediate vicinity. In the case of hot food takeaways
trading hours will be determined on a pitch-by-pitch basis.
7.5 The design and appearance of the stall, barrow, van or
cart etc. used must be agreed by the Council's Head of
Environmental and Consumer Services.
8 Issue of Street Trading
Consents
8.1 Street trading consents will normally be issued for a
period of three months. Consents for shorter periods may be issued
for block bookings for the purpose of organised street markets and
for mobile street artists.
8.2 Consents will be issued for a minimum of six days per
week, unless the applicant can provide an alternative scheme
acceptable to the Head of Environmental and Consumer Services.
8.3 Fees for consents must be paid in full in advance. In
the case of renewals, payments must be made on a quarterly basis
and be due on or before the following dates:
- 1 January
- 1 April
- 1 July
- 1 October
8.4 Failure to maintain payments as above may result in
the consent not being renewed.
8.5 Where a consent has expired the pitch will become
subject to paragraphs 8.6 and 8.7 below.
8.6 When an existing or new pitch becomes available, the
Council will publish a notice inviting applications for the said
pitch. The notice will be carried by one or more of the following:
local newspaper, local radio, Council website; it may also be
carried by other local publications.
8.7 Applications will be determined by the Head of
Environmental and Consumer Services in consultation with the
Executive Members for Economic Development & Environment and
for Community Safety, Housing and Consumer Services. Each pitch
will be offered to the applicant whose proposal is considered most
suitable for the particular pitch. If no suitable application is
received the pitch will be re-advertised.
8.8 A consent cannot be issued to a person under the age
of 17 years. An application may be refused if the applicant
is unsuitable to hold the consent by reason of having been
convicted of an offence or for any other reason.
9 Fee Structure
9.1 The fee structure will primarily reflect pitch
location, trading days and hours. Other matters to be taken into
consideration will include local needs shopping.
9.2 The Head of Environmental and Consumer Services in
consultation with the Executive Member for Community Safety,
Housing and Consumer Services has delegated authority to set fees
and to annually review the fee structure.
10 Conditions and
Enforcement
10.1 Standard conditions will be attached to every street
trading consent detailing the holder's responsibilities to maintain
public safety, avoid nuisance and generally preserve the amenity of
the locality.
10.2 Specific conditions will also be attached such as the
days and hours when street trading is permitted, the goods which
may be sold and the size of the pitch.
10.3 Failure to comply with conditions may lead to
revocation or non-renewal of a consent.
10.4 Persons trading without a consent and who are not
exempt (see 3.1 above for examples) will be the subject of
enforcement action in accordance with the Environmental and
Consumer Services Enforcement Policy. This will include any
person who holds a certificate granted under the Pedlars Act 1871,
but who fails to oeprate in accordance with the Act.
11 Social Inclusion
11.1 The Council will, where possible, give priority to
the provision of consents to disabled persons and to those from
minority ethnic groups.
12 General
12.1 Through its tourism service and by other means, the
Council will seek opportunities to promote street trading
activities.
12.2 This policy will complement and inform other Council
initiatives including those on street markets and life in the
public realm.
12.3 This policy will be the subject of periodic
monitoring and review.
12.4 This policy will inform the detailed conditions
attached to every street trading consent.
12.5 This policy will be applied in a manner which is
consistent with the Council's equalities policies.
