What is a Mobile Trading Consent?
A Mobile Trading Consent is issued to traders who operate from a vehicle at various locations across the Ashfield District, but for no more than 20 minutes at a time, and no location may be revisited within a 4-hour period. We offer these for periods of 12 months or 6 months.
Traders that meet with the criteria detailed below will be classified as Mobile Traders. Ice cream vans and mobile sandwich sellers (i.e. they do not have specific customers to whom they visit on a “round”) would typically be deemed to be Mobile Traders. We have defined a Mobile Trader as one who:
Due to the nature of their trade over a wide geographical area and their limited impact upon a single location, Mobile Traders will automatically be granted a Mobile Trading Consent, subject to the applicant and application meeting all of the above criteria, and the criteria detailed below in relation to what we consider when reviewing Mobile Trading Consent Applications.
What does the Council consider when assessing Mobile Trading Consent Applications?
The following criteria will be considered in deciding whether a Mobile Trading Consent will be granted and / or whether all of the proposed locations are suitable (each case will be assessed on its own merits):
All staff involved in the preparation of food shall hold a current Level 2 food safety certificate, accredited by the Chartered Institute of Environmental Health, the Royal Society of Health, or the Royal Institute of Public Health and Hygiene.Download the Food Registration form here.
Mobile Trading on Council owned Parks and Recreational Spaces
Certain specific restrictions are required in order to prevent harmful competition, any negative impact on locations, and to protect the business interests of existing permanent premises selling similar goods and services to those that may potentially be offered by Mobile Traders. These additional restrictions are:
These additional restrictions assist businesses in permanent structures and who pay business rates from becoming the victims to unfair competition.
However, where there is an existing business in a permanent structure sited at a location that a Mobile Trader wishes to operate from, the restriction does not apply when the permanent structure is closed to the public.
When is a Mobile Trading Consent not needed?
Businesses that sell to pre-arranged customers are exempt from the need for a Mobile Trading Consent as they are deemed “Roundsmen”. Such examples would be hot food and sandwich vans that have contracts in place with customers.
However, if the general public are able to obtain the services and supplies offered by the Trader, rather than those customers for whom a contract is already in place, then such a Trader would need to apply for a Mobile Trading Consent.
How to Apply for a Mobile Trading Consent
You will need the Street Trading Application Pack which can be downloaded here.
Please ensure that you are fully aware as to what type of locations that we may deem unsuitable for Mobile Trading, which have been detailed above, and can be found within the Application Pack.
All applications for the grant of a Mobile Trading Consent or for the renewal of an existing Mobile Trading Consent must be submitted to the Licensing Team, and the procedure to follow (including a list of documents that you must provided with your application) are detailed with the Application Pack.
How do we assess your Mobile Trading Consent Application?
Officers of the Licensing Team will evaluate all applications in order to assess the suitability of the applicant and the suitability of the specified trading locations. A Mobile Trading Consent will be automatically granted if the application does not fall foul of our criteria.
Where an application is deemed by the Officers of the Licensing Team to not meet with our criteria, the application will be referred to the Director: Place & Communities and a Hearing will be convened to determine the application.
The Director will determine each application on its own merits, taking into consideration all information attached to the application, and any information provided by the Licensing Team in relation to the applicant, the nature of the business, and the proposed locations.
Grant of Mobile Trading Consents
If your application is granted, you will be issued with the Mobile Trading Consent, and attached to the Mobile Trading Consent will be the standard conditions (and any additional conditions if the application was determined at a Hearing) imposed by the Council, which must be adhered to at all times. You can see the standard conditions applicable to all Mobile Trading Consents within the Street Trading Application Pack and the Street Trading Policy.
Any Mobile Trading Consent granted, will be issued for a maximum period of 12 months, or a minimum period of 6 months (if requested by the applicant). The laminated Mobile Trading Consent must be displayed in a prominent position within the stall / unit / vehicle at all times when trading takes place.
Renewal of a Mobile Trading Consent
An application to renew an existing Mobile Trading Consent must be submitted to the Licensing Authority prior to the current Consent expiring, and all necessary documents to satisfy the Councils criteria must be submitted every time a renewal application is made. The application form and guidance can be found within the Street Trading Application Pack.
How to Contact the Licensing Team
You can call us on 01623 457589, email us at firstname.lastname@example.org, or visit us and write to us at: Licensing Team, Ashfield District Council, Urban Road, Kirkby in Ashfield, Nottinghamshire, NG17 8DA.