On 14th March 2019 the Licensing Committee agreed that a brand new Draft Street Trading Policy be put out to a public consultation for 6 weeks (from 1st April 2019 until 12th May 2019).
The consultation sought the views of “stakeholders” (Police, Fire Service, Highways, Trading Standards, Planning, Environmental Protection, Children’s Safeguarding Board, Health & Safety, etc), representatives of current Street Trading Consent holders, and the local Primary Health Care and the general public.
The Licensing Committee will meet again this Summer, in order to consider the results of the consultation, and in light of any responses received consider whether to make any relevant changes to the Policy to finalise accordingly, and to make a recommendation to Council to adopt the final Policy (when it meets later in the year).
The Draft Street Trading Policy can be found here, and listed below is a Summary explaining why we are seeking to introduce this Policy, and what is being proposed within it.
Current Street Trading Situation
Currently no Policy is in force in relation to Street Trading, rather a Resolution was made in 2002 that adopted 15 specific locations as Consent Streets where such trading is permitted, with trading strictly prohibited from taking place anywhere else within the Council’s area.
The present state of play limits the opportunities to current and potential Street Traders as only 15 locations are available for applicants to trade from, leading to persons trading without a licence only to be caught and told to cease trading immediately, or the locations that are available may not be suitable any more for a potential trader to grow his / her business successfully.
Proposed Flexible Approach to Street Trading Locations
The Draft Policy intends to promote a flexible approach in relation to applicants seeking to operate new Street Trading businesses, whilst also endeavouring to promote a well-regulated Street Trading function by ensuring that such Trading does not become a source of nuisance or annoyance to those who live in, work in and visit the District.
It is proposed to permit Street Trading anywhere within the District (subject to an application for a Street Trading Consent being made), subject to the following safeguards, and whilst each application will be judged on a case by case basis, applications may likely be refused should the chosen location be:
- 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.
What type of Street Trading Consents are proposed within the Draft Policy?
For the purposes of this Policy and to assist applicants, Ashfield District Council proposes to issue 4 types of Street Trading Consents, each specific in its nature:
- Street Trading Consent: Trading from a stall / unit / vehicle from a single designated location on a regular basis (Cost £1294.00 per annum - payable by way of monthly instalments).
- Mobile Trading Consent: Trading from a vehicle at various locations across the Ashfield District, but for no more than 20 minutes at a time, and no location to be revisited within a 4 hour period. (Cost £750.00 per annum - payable by way of monthly instalments)
- Community & Charity Trading Consent: Trading at non-profit making events (within the Ashfield District) held by a registered charity or community association, whether for a single day or for the duration of the entire event subject to there being no more than 4 traders (more than 4 traders will fall within the Markets Policy of the Council). (No charge)
- Special Events Trading Consent: Trading at events (within the Ashfield District) where the organiser intends to make commercial gain, whether for a single day or for the duration of the entire event subject to there being no more than 4 traders (more than 4 traders will fall within the Markets Policy of the Council). (Cost £30.00 per stall)
How will local residents, businesses and stakeholders be made aware of Street Trading applications that may affect them?
All Street Trading Consent applications (except from Mobile Traders, Community & Charity Traders, and Special Events Traders) for locations not already adopted by the Council will be subject to a 28 day consultation period.
The consultation will seek the views of local residents and businesses (by way of a yellow A4 notice placed at the proposed trading site) that may be directly affected, and statutory agencies whose responsibilities may be impacted by the proposed business (by way of a consultation email).
Consideration will be given to all written representations that are not deemed to be irrelevant, frivolous, vexatious, or repetitive.
Applications subject to valid representations will be determined at a Licensing Hearing chaired by the Service Director: Place & Wellbeing, who is delegated authority by the Licensing Committee to determine such applications.
How will Street Trading be regulated?
Policy Sections 4.18, 6, 7.5, 8.6 and Appendix One and Appendix Two provide clear details as to what will constitute a valid application, and the conditions that will be attached to all Street Trading and Mobile Trading Consents.
These conditions will allow the Council to promote the highest of standards in relation to food hygiene, the maintenance of vehicles / units / stalls, cooking equipment, and the overall appearance of the vehicles / unit / stalls so as to complement the transformation of the area.
How To Have Your Say
Please click here to send us an online comment, or alternatively email us at email@example.com, or write to us at the following address:
Licensing Team Leader, Places & Communities, Ashfield District Council, Urban Road, Kirkby-in-Ashfield, Nottinghamshire, NG17 8DA