SBC Consent Street Trading Procedural Guidance 2024

Each case will be dealt with on its own merits, failure to meet conditions which would be attached to a consent are grounds for refusal. In considering applications the following factors will also be considered:

Suitability of the applicant

All applicants and assistants (excluding temporary event consents) are required to submit a Basic Disclosure Certificate dated within six months at application and renewal of a consent. The purpose of considering an applicant's previous convictions is to enable the Council to assess:

• an applicant for the grant or renewal of a street trading consent is a suitable person to hold, or to continue to hold, a street trading consent
• a person who wishes to be registered as an assistant to a street trading consent holder, or to continue to be registered as an assistant to a street trading consent holder, is a suitable person to be registered as an assistant to a street trading consent holder

Each case will be decided on its own merits and follow guidance and in making its decision the Council will consider the following:

• whether the conviction is relevant
• the seriousness of the offence
• the length of time since the offence occurred
• whether there is a pattern of offending behaviour
• whether that person's circumstances have changed since the offence occurred
• the circumstances surrounding the offence and the explanation offered by that person

Applicants and assistants should refer to Appendix 3 for details of the general approach that will be taken to certain categories of offences.

Suitability of locations and needs of the area

Consent will not be given in any location which infringes parking or traffic requirements, causes obstruction of the highway, or presents a danger to other road users or pedestrians. Any street trading which negatively impacts public access by walking, cycling or public transport will generally be refused.

The Council would expect a minimum of (1.5m) of unobstructed highway/walkway on at least one side of the proposed trading unit/location without causing undue interference or inconvenience to persons using the street. Any proposal to use additional signage such as an A-board will need to be included with the application, as the location and size will need to be considered as part of the determination process.

The retail offer of each individual unit will be considered, the goods should complement and not conflict with the goods sold by other established business and traders within the location. The Council does however recognise that the surrounding retail offer is subject to change. The application shall clearly indicate the locations of other existing businesses and traders, trading in similar commodities in an 800m radius to those proposed location and deliver notices to similar traders and premises identified giving details of the application.

The applicant must also deliver notices to the nearest six premises (being residential, commercial, or otherwise) to the proposed site giving details of the application. Evidence of notices delivered to traders and premises should be produced on request. A draft notice can be found on the council website.

Where any proposed trading is within 50 metres of a school perimeter, the Council will seek the views of the school.

Appearance of the unit or vehicle

Full details of the unit or vehicle which the applicant intends to use must be supplied to the Council at the time of making the application, including 3 colour photographs. Arrangements maybe made for the unit or vehicle to be inspected by a duly authorised officer prior to the application being considered.

Trading units should not significantly detract from the visual appearance of a particular location and may even enhance the setting and be constructed in a suitable scale, style and using appropriate materials. The unit should also be designed to be accessible for all customers and advertising material must be limited e.g., the name of the unit, the type of product sold, and a simple price list suitably designed and printed.

The Council will generally not permit trading units where the unit fully, or substantially, blocks lines of sight to established traders in the location.

Public nuisance

The street trading activity must not cause nuisance to the public, or properties in the location, from obstruction, misbehaviour, noise, refuse, vermin, fumes, and smells etc. Particular regard to this will be had in respect of consents in predominantly residential areas and due regard will be made to the character of the neighbourhood.

Applicants will need to demonstrate steps to be taken to reduce litter and waste in locations, throughput the day and at close of business.

Public safety

The street trading activity must not present a substantial 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.

Overcrowding of the site/area includes the capacity of the street trading area having regard to the potential maximum attendance on the site by the public, and the consequent risk of over congestion impacting adjacent roads to the site.

Applicants will need to demonstrate steps to be taken to reduce the risk to public order in respect of applicants wishing to trade at later hours should be included in an application. This should include management of potential flash points and dispersal of customers.

Environmental credentials

Steps taken to promote environmental sustainability should be included in an application. The application shall outline the impact of the proposed operation on the local environment, including power supply, carbon footprint, supply chain, packaging, waste minimisation and recycling, waste disposal and waste created by customers. Noise and pollution levels caused by generator will also be a consideration as will the anticipated impact on wildlife or the public enjoyment of a particular setting, for example, lighting and noise may impact on wildlife and disturb the tranquillity of some green spaces.

The Council will encourage the use of sustainable products and will consider the trader's environmental credentials in respect of these when considering whether to approve applications.