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Guidance notes and application

Street Trading in Wyre Forest

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What is a Street Trader?

 A Street Trader is someone who:-

  1. Trades on any road, footways, highways, and other adjacent areas to which the public have access without payment. Traders must obtain land owners’ permission when trading on private land.
  2. Sells or exposes or offers for sale any article, whether food or non-food, including a living thing, whether with or without a stall or vehicle.
  3. Trades from a fixed location.

Does the control apply to all traders?

No, there are various exemptions to the requirement to hold a Street Trading Consent:-

  1. Trading as a pedlar with a valid Pedlar’s certificate issued under the Pedlars Act 1871. A pedlar is a person who travels and trades on foot and goes from town to town or from house to house carrying goods to sell. A pedlar cannot trade from a fixed spot. Pedlar’s certificates are obtained from any main police station.  Further guidance on pedlars is available from the council.
  2. A roundsman, who is a person who delivers orders to the customer’s door. This is a trader who calls by prior arrangement with the customer and sells at the customer’s premises. Ice cream sellers or mobile food sellers are not deemed to be “roundsmen” and require a licence to trade in the street.
  3. News vendors selling only newspapers and periodicals, unless the stall exceeds one metre in length or width, or two metres in height.
  4. Trading from the forecourt of a petrol filling station.
  5. Trading from a stall outside a shop as an extension of that business.

How is street trading controlled in Wyre Forest?

Wyre Forest District Council has adopted the provisions of the Local Government (Miscellaneous Provisions) Act 1982 so that it can effectively control street trading.

  1. All streets within Wyre Forest have been designated as consented streets apart from those specifically prohibited (see Appendix A of the council’s street trading policy).
  2. This means that it is an offence to trade without a consent in any street, road, footway, highway, or adjacent area to which the public have access without payment, other than those prohibited where no trading at all can take place.
  3. Trading without consent may result in prosecution.
  4. If a trader has been granted a consent the council has the right to vary or revoke the consent at any time if the trader fails to comply with the conditions attached to the consent.
  5. If you wish to trade outside of the Wyre Forest District you should contact the appropriate district council for that area. Please note that different councils may have different procedures and rules regarding street trading.
  6. If you wish to trade within the Wyre Forest area an application should be made to the Wyre Forest District Council, Licensing Section, Wyre Forest House, Finepoint Way, Kidderminster, Worcestershire, DY11 7WF.

How do I apply for a consent?

  1. Complete the appropriate application form – for a “static trader” if you wish to trade from a pitch, or for a “mobile” trader if you sell from street to street.
  2. Attach to the application form the required documents, as listed on the application form.
  3. Post or bring to the council offices at Wyre Forest House the completed application form, and original copies of any supporting documents (these will be copied and returned to you).

What are the fees payable for a consent?

  1. Fees are payable for each unit or site.
  2. Fees may be payable in instalments, by agreement with the council.
  3. Fees are reviewed annually and are applicable from 1st April each year.
  4. Current fees will be published on the council’s website or are available on request.

How long does a consent last for?

  1. A consent can be issued for any period up to a maximum of 12 months but will expire on 31st March next, unless surrendered earlier.
  2. Renewals will take place on receipt of a completed renewal application form and payment of the appropriate fee.

Are consents transferable?

  1. No, they are not.
  2. The consent holder is entitled to a refund of part of the fee paid if the consent is surrendered part way through the year.
  3. Refunds may be made on a pro rata basis, subject to an administration charge of £25.
  4. If you do not renew the consent on the expiry site or surrender it before then, then any other person will be able to apply to trade from the same site.

What are the responsibilities of a person granted consent?

Such a person is responsible for ensuring that:-

  1. The consent conditions are complied with.
  2. All relevant certificates are produced to the council with any application for a consent.
  3. The vehicle or stall is registered with the council if selling food of any description.
  4. The council will not be held responsible for any acts or omissions arising from the grant of a consent.
  5. Where trading is on private land, to which the public has access without restriction, permission to trade must be obtained from the owner/occupier as well as the council

Does the grant of a consent by the council give any other entitlement?

  1. No - It only permits trading within the terms of the consent as specified. The consent does not override any parking restriction or other traffic regulation.
  2. The consent to trade does not imply approval from any other person or authority.

Consideration and determination of your application

  1. When received by the Licensing Section your application form will be checked. Provided there are no queries arising from the application form, your application will be acknowledged in writing within 5 working days of receipt. If there is a query then you will be contacted in writing and/or by telephone and given the opportunity to respond.
  2. The complete application form will be copied for comment to various parties. Usually these are the Police, Worcestershire County Council Highways Partnership Unit Manager, Ward Councillors, the Parish or Town Council, Economic Regeneration & Tourism Manager, Development Control Manager, Operational Services Manager and local businesses within the vicinity of the proposed site of operation.
  3. We aim to complete this process within 20 working days.
  4. If queries are raised at this stage then you will be contacted in writing and/or by telephone and given the opportunity to address them.
  5. Having received all comments/recommendations and taking into account the council’s adopted street trading policy, the Head of Planning, Health & Environment or one of his nominated officers, under the council’s Scheme of Delegation, may then determine applications where there are no objections and where the application is to be granted. Where your application cannot be granted, or where objections are received, your application will be referred to the council’s Licensing & Environmental Committee for consideration and determination.
  6. You will be informed in writing of the recommendation to the Licensing & Environmental Committee and the date of the meeting to which you will also be invited to attend.
  7. If your application is granted, you will be requested to pay the fee. The consent will be issued upon payment of the fee, together with a copy of the Standard Conditions applicable to street trading consents plus any special conditions deemed necessary by the council.
  8. If the Committee refuses your application you will be notified in writing of the reasons for refusal. 
  9. There is no right of appeal in the case of refusals or against the application of conditions.

Is there an independent body which represents street traders?

There is a body which offers advice on all aspects of outside catering. This body is called NCASS (The Nationwide Caterers’ Association) and is located at:-

180 Britannic Gardens, Lifford Lane, Birmingham. B30 3NU

Tel 0121 603 2524

 

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