SBC Consent Street Trading Procedural Guidance 2024

Standard conditions (to be used on all consent issues)

The site

• CSTS1 - the site cannot be used for any purpose other than the operation of the unit as described and agreed within the consent and plan attached to the consent
• CSTS2 - only trading in accordance with the times and days stated on consent is permitted
• CSTS3 - facilities for the collection of all waste, refuse or litter arising due to the activity must be provided. The refuse storage must be of a substantial construction, suitable covered containers. All must be removed from the site at the end of each day of trading and properly disposed of, or if the amount of waste and refuse warrants it, when the container is full, whichever is the sooner
• CSTS4 - clear routes of access to the site will be maintained, taking into account the needs of disabled people and the recommended 1.5m minimum footway widths and distances required for access by mobility impaired and visually impaired people. Trading cannot operate in such a way as to cause danger or annoyance to persons using the street
• CSTS5 - activities will not:
  • a. prevents traffic, other than vehicular traffic, from
    • i. entering the relevant highway at a place where such traffic could otherwise enter it (ignoring any pedestrian planning order or traffic order made in relation to the highway)
    • ii. passing along the relevant highway, or
    • iii. having normal access to premises adjoining the relevant highway
  • b. prevents any use of vehicles which is permitted by a pedestrian planning order, or which is not prohibited by a traffic order
  • c. prevents statutory undertakers having access to any apparatus of theirs under, in, on or over the highway, or
  • d. prevent the operator of an electronic communications code network having access to any electronic communications apparatus kept installed for the purposes of that network under, in, on or over the highway.
• CSTS6 - statutory and emergency services will be permitted 24hr emergency access without notice. The Council may temporarily revoke the consent where an alternative use for the highway is required for example emergency highway maintenance, emergency scaffold access or use of the highway during events that are supported by the local authority. The local authority will not be liable for any loss of earnings arising from the suspension of the consent.

The unit

• CSTU1 - the dimensions and appearance of the unit will at all times follow the details described and agreed within the consent and plan attached to the consent
• CSTU2 - at all times while trading the consent issued by the Council must be displayed in a conspicuous position on the unit. For temporary event consents the consent will be displayed in at least two conspicuous places, typically these will be attached to the first and last units
• CSTU3 - the unit will be clean and tidy and securely erected. The unit is of such material and design, and so constructed and maintained that it is not liable to cause injury to any person present on the site or otherwise
• CSTU4 - liquefied petroleum gas is not used without the express permission of the Council and any equipment using this gas will have only flexible and approved armoured hoses complying with the relevant British Standard Specification or equivalent
• CSTU5 - the use and storage of liquefied petroleum gas complies with any relevant codes of practice
• CSTU6 - goods will not be inflammable, corrosive or otherwise dangerous nature
• CSTU7 - no mobile generators are used without the express permission of the Council. Where permission is granted, generators will be positioned so that they do not present a danger to the public, do not present a fire or similar hazard to the unit, goods displayed thereon, or adjoining premises and do not cause any contamination, noise, or fume nuisance
• CSTU8 - documentation must be provided to show that the generators have been maintained in accordance with the manufacturer's instructions
• CSTU9 - no combustible materials are to be stored in the vicinity of a generator and suitable first aid, firefighting appliance(s) must be immediately available
• CSTU10 - all equipment is in a safe working condition and suitably cordoned off to ensure that the general public do not have access to the equipment
• CSTU11 - all electric power supplied must be protected by residual current devices. Any appliance is to be separated from the supply outlet by a fuse of suitable rating
• CSTU12 - all electrical cables or flexes, which are suspended over the public footway or carriageway will be adequately supported. All electrical cables or flexes, which run along the ground and are in a position where the public could come into contact with them must be fitted with rubber cable protecting mats or covers, have demarcation or warning signage to make them easily visible to the public and not pose a tripping hazard
• CSTU13 - authorised vehicles must be roadworthy and valid Road Tax, MOT and vehicle insurance which includes cover for the purpose of street trading
• CSTU14  - no unit or vehicle will remain situated in the location for longer than one hour after the authorised trading times
• CSTU15 - the holder of the consent will take adequate precautions to prevent the risk of fire at the stall/vehicle/unit. A serviceable fire blanket and suitable fire extinguisher(s) shall be provided at all times
• CSTU16 - the holder of the consent will ensure that where the stall/vehicle/unit has a 240 volt electrical system that an up to date annual electrical safety certificate is in force
• CSTU17 -  the holder of the consent will ensure that where gas cylinders are used that an up to date annual gas safety certificate is in force
• CSTU18 - the holder of the consent will ensure that a first aid kit is maintained on the stall/vehicle/unit and made available to any customers injured by the activities of the business operation

The consent holder

• CSTH1 - Public Liability insurance cover for the unit and site will be maintained and will indemnify the local authority against all claims in respect of injury, damage or loss arising out of the granting of permission (for example, damage to the highway or highway furniture) to a minimum value of £5,000,000 unless such claims arise out of the local authorities' own negligence. Insurance applies to individual applicants and event organisers
• CSTH2 - the consent holder must adequately manage the street trading activity so as not to cause a statutory or public nuisance, for example, from noise, fumes, and odour to any other person, whether that person is using the street or otherwise, or to the occupier of any building in proximity to the consent site
• CSTH3 - the consent holder must pay the Council the cost of carrying out any works, including cleansing of the highway or making good any damage, that is required due to the consent holders use of the unit and site. The permanent surface reinstatement will be carried out to the satisfaction of the local authority
• CSTH4 - the consent holder will observe all statutory and other provisions and regulations for the time being in force which relate to the consent holders use of the site
• CSTH5 - the consent holder will be required to take responsibility for and supervise their licensed areas and so far, as is reasonable to ensure that patrons or customers of the site conduct themselves in an orderly manner
• CSTH6 - where authorised by a consent issued under the Licensing Act 2003, alcohol must only be served in polycarbonate or plastic containers
• CSTH7 - the consent holder will inform the Council in writing of the details of any change in the operation or staffing of the Unit, including changes in details of named assistants or the sale or transfer of the business to another party
• CSTH8 - the consent holder will notify the Council in writing within 72 hours if they or an assistant is under investigation for or convicted of any offences, including formal cautions and fixed penalty notices
• CSTH9 - the Council may at any time vary the conditions of a street trading consent or revoke or suspend this consent in the event of:
  • the breach by the consent holder or named assistants of any of the conditions attached to the consent
  • work being carried out in, under or over the highway on which the unit is located
  • change in Council guidance which necessitates termination of this consent
  • circumstances outside the Councils control which necessitate termination of this consent
• CSTH10 - no furniture or equipment other than as permitted by the consent can be used. If furniture or equipment have been approved, they remain in a clean and tidy condition and not obstruct the entrance or exit from any premises
• CSTH11 - no consent holder will trade at the authorised location on dates when road closure directives are in place for special events otherwise than with the permission of the organisation applying for same
• CSTH12 - the consent holder is encouraged to use sustainable packaging and adopt an environmentally friendly approach throughout the operation of the business to minimise the impact on the environment

Additional conditions for roaming consent traders

• CSTR1 - any proposed trading within 50 metres of a school perimeter, is not permitted without prior agreement. The Council will seek the views of the schools in these cases
• CSTR2 - trading is limited in any one location for 20 minutes at any one time and the trader will not return to that particular location within 4 hours of leaving it
• CSTR3 - the consent holder will comply with all traffic regulations, rules, orders, and directions which apply to the public highways on which the holder trades. The consent holder is required to comply with the Code of Practice on noise from ice cream van chimes etc in England 2013 or any modification or re-enactment thereof

Example additional conditions (this list is not exhaustive)

• the consent holder must not permit the sale of offensive weapons including imitation firearms, firearms, airguns, swords, and crossbows
• the Consent holder must not sell a knife to anyone under 18
• the trader shall not exhibit on the site any advertising signs, stands, posters or such except as may be approved by the Council
• no animal will be present on any unit or vehicle save assistance dogs in accordance with the Equality Act 2010
• the trader is not permitted to hold any auction or like sale
• there will be no discharge of wastewater or other liquid waste onto the consent site or surrounding areas
• no form of amplified music shall be permitted