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:
- Moves from location to location;
- Moves at least 50 metres from his / her last trading location and does not return to that location within four hours;
- Does not wait in one location for more than 20 minutes; and
- Does not trade within 100 metres of any entrance to any educational establishment (without having first received a formal invitation from the educational establishment).
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):
- Public Safety: Whether any Trading activity represents, or is likely to represent, a risk to the public from the point of view of obstruction, fire hazard, unhygienic conditions, or danger that may occur when a Trader is accessing the site.
- Public Order: Whether the Trading activity represents, or is likely to represent, a risk to public order.
- Preventing Nuisance or Annoyance: Whether the Trading activity represents, or is likely to represent, a risk of nuisance or annoyance to the public from noise, odour, fumes, litter, or the discharge of fluids, particularly in areas of residential properties.
- Suitability of Proposed Trading Location: Applications for a Mobile Trading Consent may likely be refused for locations that are:
- 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 (this includes where a Street Trading Consent is currently in operation);
- Likely to undermine the safety and / or convenience of the general public and / or road users.
- Appearance of the Stall / Vehicle / Unit: Any stall or vehicle from which trading is permitted must be maintained and presented to the same standard as originally manufactured. Internal and external finishes must be free from defects or damage. Any stall or vehicle must meet with the criteria, including size, laid down in the standard conditions attached to the grant of any Street Trading Consent.
- Food Traders: Applicants for stalls or vehicles selling food, must hold a current Level 2 Food Hygiene Certificate accredited by The Chartered Institute of Environmental Health, or other approved scheme. All businesses must be registered with the Food Safety Team (Environmental Health) in the district within which the stall or vehicle is kept overnight, and if such a district is not Ashfield District Council, the business is still required to notify the Ashfield District Council Food Safety Team that it is trading at a location within our area.
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:
- That Mobile Trading may not take place from any Council owned park or recreational space during the operating hours of any existing permanent structure selling similar goods and services as those proposed to be offered by the Mobile Trader; and
- That no location may be occupied by more than one Mobile Trader at any given time.
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.