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Street Trading Consents

Ashfield District Council operates a Consent to Trade (Street Trading) scheme, which means that only a few streets within the Council's area are designated as Consent areas. All other streets are prohibited from street trading.
Street Trading is defined as the selling or offering for sale of any article in the street. This includes food such as burgers, kebabs, doughnuts, etc. or things such as household items (including flowers, plants, and general goods).
A street is defined as any road, footway, beach or other area to which the public have access without payment; and a service area as defined in section 329 of the Highways Act 1980.  This means that any person who wishes to sell foods or goods from a trailer or stall in a Council "designated" street or area must first obtain a Street Trading Consent from the Council.
Trading from private land will not be exempt from the need for a Street Trading Consent if the public have free access to your stall / van, and the location that you utilise would need to be consulted upon and adopted as a "new Consent to Trade" site.
Ice Cream vans will require a Street Trading Consent - as they cannot be considered to be "roundsmen" as defined by the 1982 Act.

It is an offence to trade within these areas without a Consent.

 

Do I need Street Trading Consent?

You do not need a Street Trading Consent if you are:

  • Trading as a Peddler under licence issued by a Police Authority
  • A Market Trader operating at a licensed market venue
  • A news vendor selling only newspapers and periodicals
  • A "roundsman" as defined by the 1982 Act (i.e. a milkman, etc)
  • If you are trading on private land which the public do not have free access to, however, the landowner may need planning permission and you are advised also to the Planning Team by email: planning@ashfield.gov.uk

Consent to Trade Guidance Leaflet

What streets and areas have Consent to Trade?

Ashfield District Council has designated the following 15 locations as approved for Street Trading to take place, subject to us granting any applicant a Street Trading Consent (see further below for the currently available sites).

  • A611 between Watnall Road roundabout and Nottingham Road roundabout, in the left hand lay-by on the way out of Hucknall
  • A611 lay-by at north end of Hucknall bypass
  • B6139 in the large un-made lay-by near the traffic lights of Coxmoor Road and Derby Road. Kirkby-in-Ashfield
  • *Pedestrian area, Lowmoor Road, Kirkby-in-Ashfield 
  • A38 Between Station Road junction and the Coxmoor Road junction, lay-by adjacent to Sutton Lawn
  • *Portland Square, Sutton-in-Ashfield
  • Low Street, Sutton-in-Ashfield
  • Fulwood Road South, Huthwaite, Sutton-in-Ashfield
  • Nunn Close, Huthwaite, Sutton-in-Ashfield
  • A608 junction 27 M1
  • A608 junction 27 M1 Mansfield Road/Felly Road lay-by 
  • A608 Junction 27 M1 Non-Food pitch
  • Maun Valley Industrial Estate off Station Road, Sutton in Ashfield
  • Wigwam Lane, Hucknall
  • Byron Avenue at the junction with Sidings Avenue, Kirkby-In-Ashfield 

*These pitches are located where the Town Centre Markets take place. Street Trading is not permitted during the hours that the Markets are in operation, and so a discount of 25% is applied to the standard fee for a Street Trading Consent.

How to apply for an available pitch?

This list contains the current Consent to Trade areas available for anyone to apply for a Street Trading Consent:

  • A611 lay-by at north end of Hucknall bypass
  • *Pedestrian Area, Lowmoor Road, Kirkby-in-Ashfield
  • A608 Junction 27 M1 Non-Food pitch

Upon choosing which of the available sites you wish to trade from, you will need to download and complete an application form.

Please note, that there are 2 types of application forms, one for standard pitches, and one for pitches that are located where the Town Centre Markets are located. Guidance is provided within the Application Forms to assist you.

Street Trading Consents are issued for a 12 month period, and must be renewed prior to the Consent expiring.

Street Trading Consent Fee:

In order to assist applicants and current Street Trading Consent holders, the Council offers 3 payment options:

FREQUENCY

STANDARD PITCH

MARKET PITCH

SINGLE ANNUAL CARD PAYMENT

£1,294.00

£970.50

2 X SIX-MONTHLY CARD PAYMENTS

£697.00

£485.25

1 X CARD PAYMENT

FOLLOWED BY 11 X MONTHLY DIRECT DEBIT

£194.00

THEN 11 X £100.00

£150.50

THEN 11 X £75.00

 

You will find the necessary application form by clicking on the appropriate link below:

Standard Street Trading Consent Application Form

Market Pitch Street Trading Consent Application Form

Submitting your Consent to Trade Application.

Please send your completed application form to us, and ensure that you also submit (with your application) evidence that you have Public Liability Insurance to the amount of £5 million, and that your business is registered with your local Council if you wish to sell food.

Applications received without the necessary evidential documents will be returned and the application deemed to be void.

Once we have received your full application we will check all the details on the form, after which we may need to consult with the following people and agencies:

  • The Council's legal officers
  • Local Councillors
  • The Police
  • Trading Standards
  • The Highways Authority for major roads
  • Local residents and businesses in the area who may be affected by your application may also be consulted before any Street Trading Consent is granted.

If we receive any adverse comments it may be necessary for the application to be heard by the Registration and Licensing Committee for a decision whether or not to grant the Street Trading Consent.

Consent may not be granted if there is a risk to road safety or the possibility of nuisance being caused by your business.

Can Consent be revoked?

Yes. The Council can revoke a Street Trading Consent after it has been granted. This could be for a variety of reasons such as:-

  • Non-compliance with conditions,
  • Non-payment of fee,
  • Non-use of site,
  • Highways Authority require access to trading location.

Notice will be given if the Consent is revoked.

Appeal

There is no statutory right of appeal against the Council's decision. However, if your application is refused or revoked, you can discuss the matter with the Licensing Section, who will consider any objections you put forward. You can ask for a Judicial Review, which is a decision made by the Crown Court Judges who will look at all aspects on the application and then give a judgement on the facts.

Street Trading Policy

We have drafted a brand new Street Trading Policy following a full review of the current Street Trading approved locations. The aim of the Draft Policy is to promote a much more flexible approach to assist Traders sell from an increased number of locations, and to offer the general public more variety and diversity in relation to the products that are on offer, and a say on where traders are located.

Under consideration is the idea of permitting Street Trading from any location within the Ashfield District, but with the proviso that Street Trading applications will be refused for locations of the following description:

  •  In close proximity to a place of worship;
  •  In close proximity to a place of education;
  •  In close proximity to a place of healthcare;
  •  In close proximity to a place of cultural or historical local / national significance;
  •  In close proximity to primarily residential properties;
  •  In close proximity to a business offering the same goods / services;
  •  Likely to undermine the safety and / or convenience of the general public and / or road users.

The Policy will also bring mobile traders, and events within the scope of Street Trading, so as to ensure that any person selling food or goods meets with the expectations of the Council to help promote the Ashfield District.

Click here to read a summary of the new Draft Policy, and to let us know what you think of our proposals.