Modifications etc. (not altering text)
C1Sch. 4: functions of local authority not to be the responsiblity of an authority's executive (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1
Sch. 4 applied (with modifications) (21.12.2000) by City of Newcastle uponTyne Act 2000 (c. viii), ss. 3, 4
C2Sch. 4 applied (with modifications) (28.10.2004) by Medway Council Act 2004 (c. v), s. 4
C3Sch. 4 applied (with modifications) (11.7.2006) by Leicester City Council Act 2006 (c. ii), ss. 3, 4
Sch. 4 applied (with modifications) (11.7.2006) by Liverpool City Council Act 2006 (c. iii), ss. 3, 4
Sch. 4 applied (with modifications) (11.7.2006) by Maidstone Borough Council Act 2006 (c. iv), ss. 3, 4
C4Sch. 4 modified (28.12.2009) by The Provision of Services Regulations 2009 (S.I. 2009/2999), regs. 1(2), 45(2)(3) (with regs. 2, 5)
C5Sch. 4 applied (with modifications) (8.4.2010) by Bournemouth Borough Council Act 2010 (c. ii), s. 4
C6Sch. 4 applied (with modifications) (8.4.2010) by Manchester City Council Act 2010 (c. iii), ss. 4, 5
C7Sch. 4 applied (with modifications) (28.2.2013) by Canterbury City Council Act 2013 (c. i), s. 4 (with s. 3)
C8Sch. 4 applied (with modifications) (28.2.2013) by Leeds City Council Act 2013 (c. ii), s. 4 (with s. 3)
C9Sch. 4 applied (with modifications) (28.2.2013) by Nottingham City Council Act 2013 (c. iii), ss. 4, 5
C10Sch. 4 applied (with modifications) (28.2.2013) by Reading Borough Council Act 2013 (c. iv), ss. 4, 5
C11Sch. 4 restricted (temp.) (22.7.2020) by Business and Planning Act 2020 (c. 16), ss. 7(3)(a), 25(1) (with ss. 7(4), 10)
3(1)An application for a street trading licence or the renewal of such a licence shall be made in writing to the district council.E+W
(2)The applicant shall state—
(a)his full name and address;
(b)the street in which, days on which and times between which he desires to trade;
(c)the description of articles in which he desires to trade and the description of any stall or container which he desires to use in connection with his trade in those articles; and
(d)such other particulars as the council may reasonably require.
(3)If the council so require, the applicant shall submit two photographs of himself with his application.
(4)A street trading licence shall not be granted—
(a)to a person under the age of 17 years; or
(b)for any trading in a highway in relation to which a control order under section 7 of the M1Local Government (Miscellaneous Provisions) Act 1976 (road-side sales) is in force, other than trading to which the control order does not apply.
(5)Subject to sub-paragraph (4) above, it shall be the duty of the council to grant an application for a street trading licence or the renewal of such a licence unless they consider that the application ought to be refused on one or more of the grounds specified in sub-paragraph (6) below.
(6)Subject to sub-paragraph (8) below, the council may refuse an application on any of the following grounds—
(a)that there is not enough space in the street for the applicant to engage in the trading in which he desires to engage without causing undue interference or inconvenience to persons using the street;
(b)that there are already enough traders trading in the street from shops or otherwise in the goods in which the applicant desires to trade;
(c)that the applicant desires to trade on fewer days than the minimum number specified in a resolution under paragraph 2(11) above;
(d)that the applicant is unsuitable to hold the licence by reason of having been convicted of an offence or for any other reason;
(e)that the applicant has at any time been granted a street trading licence by the council and has persistently refused or neglected to pay fees due to them for it or charges due to them under paragraph 9(6) below for services rendered by them to him in his capacity as licence-holder;
(f)that the applicant has at any time been granted a street trading consent by the council and has persistently refused or neglected to pay fees due to them for it;
(g)that the applicant has without reasonable excuse failed to avail himself to a reasonable extent of a previous street trading licence.
(7)If the council consider that grounds for refusal exist under sub-paragraph (6)(a), (b) or (g) above, they may grant the applicant a licence which permits him—
(a)to trade on fewer days or during a shorter period in each day than specified in the application; or
(b)to trade only in one or more of the descriptions of goods specified in the application.
(8)If—
(a)a person is licensed or otherwise authorised to trade in a street under the provisions of any local Act; and
(b)the street becomes a licence street; and
(c)he was trading from a fixed position in the street immediately before it became a licence street; and
(d)he applied for a street trading licence to trade in the street, his application shall not be refused on any of the grounds mentioned in sub-paragraph (6)(a) to (c) above.
Marginal Citations