SBC Consent Street Trading Procedural Guidance 2024

Stockton-on-Tees Borough Council recognises the valuable contribution that street trading can make to the local culture and economy, and the service that street traders provide to residents of the Borough, some of whom are unable to travel to centralised shopping centres. Street trading can provide people with a flexible way of working, to meet the demands of the public where and when that demand arises.

The Council is also committed to improving the support provided to small businesses, ensuring there are no unnecessary burdens placed on them and they are provided with sufficient advice to enable them to operate successfully. The intention is to create a street trading environment which complements areas of trading, is sensitive to the needs of residents and nearby businesses, and which promotes consumer choice and community values, whilst ensuring the safety of the public and the prevention of nuisance.

Local Authorities have a legal discretion to regulate street trading in their area. Street trading is covered by the Local Government (Miscellaneous Provisions) Act 1982 Schedule 4. This street trading guidance is produced in accordance with the powers granted in Section 3 and Schedule 4 of the Act. Read the Local Government (Miscellaneous Provisions) Act 1982.

From 1 March 2024 following a period of statutory consultation and publishing public notices Stockton-on-Tees Borough Council has designated the whole Borough as a 'Consent Street' area. The effect of this designation means if you want to sell goods on a street, you are classed as a street trader and, subject to legal and guidance exemptions, and will need to have the appropriate consent.

Conditions can be attached to the consent as are considered 'reasonably necessary' and are detailed at Appendix 1. Trading without the required consent is a criminal offence.

This document will guide the Council when it considers applications for street trading consents, and it will inform applicants of the criteria against which applications will be considered. This guidance sets out the Councils framework and approach for the management of street trading in the Borough which are:

• to ensure the suitability of applicants to hold a consent
• to ensure the suitability of the structures used for trading
• to control the number and location of street traders and complement existing street and premise based trading
• to prevent obstruction of the highway by street trading activities
• to ensure that traders operate within the law, act fairly with the public and do not present a risk to public order
• to prevent public nuisance by taking measures to reduce the risk of nuisance from misbehaviour, noise, refuse, vermin, fumes, and smells
• to ensure that the process involves opportunities for consultation with relevant agencies
• to maintain the quality and add value to the townscape
• to encourage inward investment by introducing a stop one application process for businesses