Guidance notes and application
Street Trading in Wyre Forest
Local government (miscellaneous provisions) act 1982
Street trading - standard conditions
- Wyre Forest District Council (“the Council”), pursuant to Section 3 of the Local Government (Miscellaneous Provisions) Act 1982 (“the Act”) have resolved that Schedule 4 to the Act, to control street trading in the district should come into force from 1982.
- The Council has resolved that every street within the area of the district of Wyre Forest is to be designated as a Consent Street” under the Act, ( except those shown at Appendix One and nominated as Prohibited Streets ) which means a street in which street trading is prohibited without a Consent issued by the Council.
- A street trading Consent is issued by the Council subject to the following conditions, insofar as they do not conflict with or are amended by any specific conditions imposed on the grant of the Consent:-
- The Consent is valid for the period shown on the Consent
- The Consentee shall pay a fee to the Council in accordance with the approved list of fees.
- The Consent may be surrendered by the Consentee at any time, providing that the Council shall repay to the Consentee that part of the fee considered by the Council appropriate for the unexpired period of the licence, less £25 for administrative expenses, the exception being the day rate.
- The Consent holder must at all times while trading display in a conspicuous position the Consent issued by the Council.
- The Consentee shall not carry on his/her trade in such a way as to cause obstruction of any part of the street in which he/she is trading, or danger to persons using the street.
- The Consentee shall not carry on his/her trade in such a way as to cause a nuisance or annoyance to persons using the street or to occupiers in the vicinity.
- The Consentee shall not sell any type of food, goods or merchandise other than that specified in the Licence.
- The Consentee shall provide and maintain, where appropriate, adequate facilities for the collection of litter resulting from his/her trading and at the close of each trading day shall remove any litter resulting from his/her trading from the street. The Consentee shall be responsible for any damage to the highway or otherwise resulting from the trading activity.
- The Consentee shall make such provision as is necessary to prevent the deposit in any street of solid or liquid refuse occurring from the trading activity and shall not discharge any waste water to the street surface or to the surface water drains.
- The Consentee shall not use any television, tape recorder or other device for the reproduction of sound while trading without the express permission of the Council.
- The Consentee shall not trade outside the times and days permitted by the Consent
- The Consentee shall not trade in any location other than the location permitted by the Consent
- Any vehicle, stall or container used by the Consentee in the course of street trading shall be constructed and maintained to the satisfaction of the Council and shall comply with legislation in force at the time or any relevant British Standard.
- The use and storage of liquid petroleum gas shall comply with the Code of Practice or requirements of the Fire Officer.
- The Consent shall not operate for any other purpose than to permit the Consentee to trade in a Consent street in accordance with the conditions imposed. The Consentee must ensure that he/she has obtained any other approval or registration required under any other statutory provisions relevant to his/her trade.
- The Consentee must be 18 years of age or over and shall be responsible at all times for control of the stall. Any persons assisting on the stall shall be 18 years of age or over.
- The Consent is personal to the Consent holder and shall not be assigned or transferred to any other person or company.
- The Consent holder or his employee must move his vehicle/stall or vacate the site immediately upon the instruction of a Police Officer or Authorised Officer of the Council.
- Nothing herein contained shall prejudice the rights, powers, duties and obligations of the Council or any other enforcing authority under any public or private statutes, orders, regulations or byelaws.
- The Consent holder shall at all times maintain a valid Third Party Public Liability Insurance policy to the satisfaction of the Council and shall produce a valid certificate of such insurance at any time upon the request.
- Nothing contained in these conditions shall relieve or excuse the Licence holder or his/her employee or agent from any legal duty or liability and the Consent holder shall indemnify the Council in respect of all claims, actions, demands or costs arising from trading.
- The conditions attached to the Consent may be varied by the Council at any time.
- Any breach of these conditions may lead to the Consent being suspended or revoked.
- In these conditions “the Consent” means a Consent issued under Section 3 of and Schedule 4 to the Local Government (Miscellaneous Provisions) Act 1982. Consentee means the person named on the Consent issued by the Council and includes any employee, servant or agent of the licence holder and “the Council” means Wyre Forest District Council.