Since 13th December 2010 Corby Borough Council’s consent is required to carry out street trading. Our intention is to create a street trading environment which complements premises-based trading establishments, is sensitive to the needs of residents, provides diversity and consumer choice and seeks to enhance the character, ambience and safety of local environments.
What is Street Trading?
Street trading means selling, exposing or offering for sale any article in a street. The term ‘street’ includes any road, footway or other area to which the public have access without payment. The definition will therefore include all hot and cold food vendors, burgers, kebabs, doughnuts, etc., including ice cream vendors, and all vendors of non-food products who trade on static pitches from any vehicle, stall, barrow, trailer, or any other moveable construction.
Corby Borough Council has adopted Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982 for the whole of its area and has designated (all) streets in the area as ‘consent streets’ for street trading purposes.
The effect of this designation is that street trading in any street is prohibited, subject to legal exemptions, without first obtaining a street trading consent from the Corby Borough Council.
Exemptions from the need to obtain a Consent
Some types of trade are legally exempt from the need to obtain a street trading consent. These include:
- a person/persons holding a charitable street collection permit issued by the Council;
- a person trading as a Pedlar under licence issued by a Police Authority;
- trade carried out by roundsmen e.g. milkmen;
- trade carried on at a petrol filling station;
- a news vendor selling only newspapers and periodicals;
- a market trader operating at a licensed market venue;
- trading on private land may not need a consent.
Street Trading Consents for which fees are not payable
The application of this policy is targeted at those mobiles that trade for longer than 10 minutes in any particular location. Where mobile vans park for short periods to trade and subsequently move on to other venues not within 100 metres then consent will not be required.
In addition, Corby Borough Council will not require the payment of fees (other than a nominal administration fee) for fetes, carnivals or similar community based and run events.
How to Apply for a Street Trading Consent
Applicants must complete an application form and provide a non-refundable cheque for £100 in order to administrate the application.
Consultations on applications made
Before a Street Trading Consent is granted or renewed the Council will carry out a consultation process with various persons and groups. In particular the following organisations or persons may be consulted:
- The Highways Authority for Northamptonshire
- Northamptonshire Police
- Northamptonshire Fire and Rescue
The land owner of the proposed street trading site if it is on private land
If any objections are received following consultation, or the application contravenes any of the policies, the application will be referred to the Council's Licensing Panel for determination.
Consideration of Applications
In determining whether to grant a particular street trading consent the Council will have regard to:
- any effect on road safety, either arising from the position of the pitch/activity or from customers visiting or leaving;
- any loss of amenity caused by noise, traffic or smell;
- existing Traffic Orders e.g. waiting restrictions;
- any potential obstruction of pedestrian or vehicular access and/or access to shops;
- any obstruction to the safe passage of pedestrians;
- the safe access and egress of customers and staff from the pitch and immediate vicinity (including adequacy of lighting);
- disabled access;
- any implications/conflicts with nearby shops and/or businesses;
- suitability for the particular varieties of street trading and activities.
The Council will usually grant consent for up to 12 months, but will consider granting a one day consent for special occasions. Where a proposal contravenes any of the above, or is otherwise considered to be inappropriate, the Council will first consider whether any likely problems can be overcome by the imposition of conditions and, if not, will normally refuse the application.
Conditions to be imposed
Conditions will only be imposed where reasonably necessary in all the circumstances. Conditions will normally be imposed in all cases specifying:
The Council considers the above conditions will be reasonably necessary in relation to the majority of consents granted for the purposes of protecting public safety and the prevention of nuisance and annoyance to local residents, businesses in the locality and members of the public using the streets concerned. The Council may also impose such other conditions as it considers reasonably necessary in any particular case.
Issue of Consents
Following a decision to grant consent, an applicant shall produce the necessary certificate of public liability insurance, after which they will be issued with the consent. There are fees associated with this consent.
Failure to comply with the conditions may lead to suspension, revocation or non-renewal of the consent. Any person found trading without consent may be subject to enforcement action by this Council.