Apply for street trading consent

Overview

You need to have Street Trading Consent if you wish to sell goods on the street in Weymouth, Portland, Wareham, Wimborne and Swanage. Other areas will soon be included when the new policy comes into effect.

The purpose of controlling street trading is:

to recognise the valuable contribution that street trading can make to the local culture and economy, and the services that street traders provide to residents and visitors. Street trading can provide people with a flexible way of working, to meet the demands of the public where and when such demands arise
to ensure the safety of those using the street trader locations
to balance the needs of the wider community, local community and street traders against the needs of those who may be adversely affected by street trading activities

Eligibility

The Local Government (Miscellaneous Provisions) Act 1982 defines street trading as the selling or exposing or offering for sale any article, including a living thing, in a street. The Act states that a street includes any road, footway, beach, or other area to which the public have access without payment.

We have designated some streets within our administrative boundary as consent streets.

Street trading consent is therefore needed for trading on:

streets, laybys, pavements or any land including verges controlled by Dorset Council unless there is payment for entry
streets, laybys, pavements or any land including verges which are privately owned and the public can access, unless payment is made for entry. This includes private car parks such as superstore car parks

Exemptions from needing street trading consent

The following are exempt and do not need street trading consent:

a market that is granted through a charter or order
a news vendor selling periodicals or newspapers
trading at a petrol station forecourt
trading at a shop or in a street adjoining a shop as part of the business or shop (selling the same goods that are sold within the shop)
trading as a roundsperson who has defined customers and routes. It has been established in law that mobile ice cream sales are not normally deemed to be roundspersons
service providers, e.g. hair-braiding, face painting and henna tattoos, etc. The act which governs street trading relates to the selling of goods and as such, it is the Licensing Authority’s view, that people who provide a service e.g. hair-braiders, are not considered to be trading for the purposes of the legislation. However, if quantities of accessories used in hair braiding are also offered for sale then this may be street trading and may require consent
pedlars with a valid Pedlars certificate
persons offering advice or signing people up for schemes
trading on trunk roads
individual charity stalls with a street collection permit
indoor market areas
events that have an entrance fee
community and charitable events

Types of consent

All applications for street consent require at least 21 days’ notice to be given to us. We issue the following four types of street trading consent.

Static unit consent

For a stall or vehicle which returns to one place every day or for regular periods of time. The unit or stall must be removed each day at the end of the trading period unless planning rules allow otherwise. A static street trading consent may be granted for any period not exceeding 12 months.

Mobile unit consent

For traders who wish to move from place to place. A mobile unit consent trader must not remain in one place for more than 30 minutes at a time and not return to the same site within 2 hours. A typical mobile unit consent would be an ice cream van. A mobile unit consent only permits trading within our area. If the unit goes into areas outside of Dorset it will also need consent from the relevant licensing authority. A mobile unit consent may be granted for any period not exceeding 12 months.

Short term consent

For traders who wish to conduct a short term trial to consider whether they could be successful at a certain location selling their specific goods. The consent is considered a trial consent and only one will be issued to an individual. They are granted for a period between one and 12 days. Any trader who wishes to continue trading after the 12 day period will need to submit a further application for the full 12 months. There is no consultation fee charged for this type of consent.

Multiuser consent

For specific individuals or organisations managing an event. Multiuser consents can cover a number of stalls. The multiuser must meet the criteria set below:

it has a nominated organiser
it has the approval of the licensing authority and landowner
it adds value to the town’s trade through the provision of specialist products
it does not operate in detriment to the local community

If the application is made by an organisation they must nominate a named individual who will be responsible for managing use of the consent. The consent will be issued for a maximum of 12 months and can be renewed.

The consent holder will be responsible for ensuring compliance with the terms of consent at all times.

The consent holder will be responsible for ensuring that any local residents, businesses or shops are not obstructed by the stall/stalls and that all emergency exits to buildings are kept clear. The consent holder must ensure that stalls can be moved quickly in the event that access is needed for emergency vehicles.

The consent holder will be required to keep records of all traders that trade under the consent which will include:

event date
company name
individuals name
trader name (if different)
address
date of birth
National Insurance number
food registration certificate number
vehicle registration (if relevant)
contact details
type of goods sold

This information will be required by the licensing team.

As part of the application process we will consult all businesses in the vicinity of the multiuser consent. If, at any point after the grant of the consent, any existing or new occupiers of businesses or residential properties make objection to stalls being located outside of their premises the consent may be reviewed which could result in it being varied or amended.

It should be noted that multiuser consents may incur other fees and charges if the land used belongs to us. This will be in addition to the street trading consent fees.

Before you apply

Choose a pitch

Before applying for a street trading consent, applicants must first identify a suitable trading pitch or site. We do not hold a list of available trading pitches.

A suitable pitch must meet the following criteria:

be safe for other street users including traffic and pedestrians
be safe for customers using the street trading unit
not cause any potential for obstruction, interference, inconvenience or nuisance to other street users including other traders, traffic and pedestrians
not cause any potential for nuisance to residents and other businesses for example noise and/or smell
the goods being sold complement and do not conflict with the goods sold by other established retailers within vicinity

Account must be taken of the following:

access roads on industrial estates, where heavy lorries manoeuvre, are generally unsuitable places for static units
locations close to residential properties are unlikely to be suitable due to the potential noise and smell nuisance to residents
lay-bys on main roads must have good visibility to ensure the safety for traffic entering and leaving the trading site/lay-by
there should be suitable parking spaces for customer and trading vehicles
units should not cause loss of parking spaces to residents or businesses
units in town centres must not impede the movement of pedestrians or delivery vehicles or block the frontage of shops or access to existing premises

Apply

Before you start

The following must be submitted with the initial application:

proof of eligibility of the applicant to work in the UK (where applicable)
plan showing the proposed trading location with position of the unit(s) shown in red (not required for mobile units)
written permission from a landowner if the street trading activity is to be carried out on any land owned privately
payment of a non-refundable consultation fee to cover initial administration and consultation costs
a picture, illustration or photograph of the stall or stand
the dimensions of the stall or stand

Begin your application

You will need to register for an account before you can apply for street trading consent.

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If you already have an account, you can login and apply.

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After you've applied

After you have completed your application we will consult with the following:

Dorset Police
Dorset Council highways
Relevant town or parish council(s)
Dorset Councillor(s) for the ward(s) concerned
Environmental Health at Dorset Council
Planning officers at Dorset Council
where appropriate local residents and businesses within close proximity of the proposed site
the relevant department/individual when it’s in relation to public owned land

If following consultation the location is deemed suitable, the following must be submitted before a final decision is made and the consent issued:

third party public liability insurance up to £10 million
a basic criminal disclosure check that is not more than one month old for the applicant and any person/s that will be assisting on a regular basis. Basic criminal disclosure checks can be obtained from the Disclosure and Barring Service (not applicable to short term consents)
one passport sized photograph of the applicant and any person/s that will be assisting with the trading on a regular basis (not applicable to multiuser and short term consents)

Decision making

The Service Manager for Licensing & Community Safety has delegated powers to issue or refuse an application following the consultation period.

Account will be taken of objections and/or letters of support made during the consultation period. We will consider the suitability of the site and the applicant taking account of, but not exclusively, the criteria in this policy.

Each application will be decided on its own merits however, in deciding whether to grant a particular street trading consent we will have regard to any representations made from the consultees and:

any effect on road safety, either arising from the siting of the pitch/activity or from customers visiting or leaving
any loss of amenity caused by noise, traffic or smell
existing Traffic Orders e.g. waiting restrictions
any potential obstruction of pedestrian or vehicular access and/or access to shops
any obstruction to the safe passage of pedestrians
the safe access and egress of customers and staff from the pitch and immediate vicinity (including adequacy of lighting)
disabled access
any implications/conflicts with nearby shops and/or businesses
suitability for the varieties of street trading and activities - we would not normally grant a consent for the sale of goods or services which conflict with those provided by nearby shops
hours of trading - street trading hours would normally mirror those of shops in the immediate vicinity but will in all cases cease no later than 10pm