Contact:
  • Steven Nowell
  • Address:
    9-10 Bath Street Bath BA1 1SN
  • E-mail:
    licensing@bathnes.gov.uk
  • Telephone:
    01225 477556
  • Fax:
    01225 477596
  • Minicom:
    01225 477647
  • Page Updated:
    14/09/2007
  • Author:
    Lorna McCardle
A to Z Index

Street Trading Standard Conditions

1  The holder of this Consent (which expression where appropriate includes joint holders of this Consent) and any person employed by him to assist him in his trading shall produce it, on demand when so required by a Police Officer or a duly authorised officer of the Bath and North East Somerset Council.

2  The holder shall return this Consent to the Bath and North East Somerset Council immediately on revocation or surrender of the Consent.

3  The holder shall not trade otherwise than strictly in accordance with this Consent.

4  The holder shall notify the Head of Environmental and Consumer Services at Bath and North East Somerset Council, 9/10 Bath Street, Bath, BA1 1SN immediately of any convictions or proceedings arising out of the use or enjoyment by the holder of this Consent.

5  The holder shall not cause any obstruction of the street or danger to persons using it and shall not permit persons to gather around him or any van, cart, barrow, other vehicle or stall included in this Consent so as to cause a nuisance or annoyance or danger to any persons lawfully using the street and shall not park any such van etc on the footway or verge of the street.

6  The holder shall not use or suffer or permit any music playing, music re-producing or sound amplification apparatus or any musical instruments radio or television receiving sets whilst trading under this Consent, save as varied by a special condition of this Consent.

7  The holder shall not place on the street or affix to any equipment placed on the street any advertising material of any description whatsoever except with the previous consent in writing of the Head of Environmental and Consumer Services for the time being of the Council.

8  The holder shall not make any excavations or indentations of any description whatsoever in the surface of the street or place or fix any equipment of any description in the said surface.

9  The holder shall not use the street for any trading purpose other than the purpose as permitted by the Consent and then only during the permitted hours.

10  The holder shall not place on the street any furniture or equipment other than as permitted by the Consent and he must maintain the same in a clean and tidy condition and not place them so as to obstruct the entrance to or exit from any premises.

11  The holder shall not do or suffer anything to be done in or on the street which in the opinion of the Council may be or become a danger nuisance or annoyance to or cause damage or inconvenience to the Council or to the owners or occupiers of any adjacent or neighbouring premises or to members of the public.

12  The holder shall not assign underlet or part with his interest or possession under this Consent or any part thereof but he may surrender it at any time.

13  The holder shall observe and comply with any directions in relation to the use of the street given by the Head of Environmental and Consumer Services or the Director of Property and Engineering Services for the time being of the Council.

14  The holder shall keep his trading position and the immediately adjacent area in a clean and tidy condition during the permitted hours and also leave the same in a clean and tidy condition and unobstructed at the end of each daily period of use under the terms of this Consent.

15  The holder shall provide at his own cost and expense litter-bins or similar receptacles for the deposit of cartons wrappings containers and similar discarded items if required by the Head of Environmental and Consumer Services, and remove them and their contents at the end of each daily period of use under this Consent.

16  The holder shall retain with any van, cart, barrow, other vehicle or stall included within this Consent any water used or waste produced until the end of each daily period of use under this Consent and then remove it and dispose of it elsewhere, and in particular shall not deposit any such waste near or into any street drain or channel.

17  The holder shall indemnify and save harmless the Council and their agents, servants and workmen from and against all proceedings damages claims or expenses in respect of an injury (including personal injury) which may be sustained by the Council or any person or persons body or company whatever arising out of or in any way connected with his trading and the provision of facilities under this Consent.

18  This Consent may be revoked by the Council at any time and the Council shall not in any circumstances whatsoever be liable to pay any compensation to the holder in respect of such revocation.

19  The Consent holder or any person employed by him to assist him in his trading shall at all times wear the identification badge issued by Bath & North East Somerset Council whilst trading from the pitch. The badge shall be worn in a conspicuous position on the upper body.

20  The holder shall return the identification badge(s) to the Bath and North East Somerset Council immediately on revocation or surrender of the Consent.

21  All street trading fees are due quarterly in advance on 1 January, 1 April, 1 July and 1 October each year.

Notes:

1  Street trading in a consent street without a Street Trading Consent, or from a van, cart etc, not specifically permitted by a Consent, or contravening certain conditions attached to a Consent, amounts to an offence for which proceedings may be instituted.

2  A Street Trading Consent does not confer immunity from the provisions of any Street Parking Places Order or General Traffic Restriction Order. In case of doubt about the effect of any such Order, enquire at the Environmental and Consumer Services, 9/10 Bath Street, Bath, BA1 1SN

3  The Local Government (Miscellaneous Provisions) Act 1982 provides as follows:

Schedule 4, paragraph 10

1  A person who:

b)  engages in street trading in a consent street without being authorised to do so under this Schedule: or

d)  being authorised by a street trading consent to trade in a consent street, trades in that street:

    i)  from a stationary van, cart, barrow or other vehicle; or

    ii)  from a portable stall,

without first having been granted permission to do so under paragraph 7 (8) (of this Schedule); or

e)  contravenes a condition imposed under paragraph 7 (9) (of this Schedule),

shall be guilty of an offence.

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2  It shall be a defence for a person charged with an offence under sub-paragraph (1) above to prove that he took all reasonable precautions and exercised all due diligence to avoid commission of the offence.

3  Any person who, in connection with an application for a street trading 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 be guilty of an offence.

4  A person guilty of an offence under this paragraph shall be liable on summary conviction to a fine.