SCHEDULES
C1C2C3C4C5C6C10C9C8C7SCHEDULE 4 Street Trading
Sch. 4 applied (with modifications) (28.10.2004) by Medway Council Act 2004 (c. v), s. 4
Sch. 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
Sch. 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)
Sch. 4 applied (with modifications) (8.4.2010) by Bournemouth Borough Council Act 2010 (c. ii), s. 4
Sch. 4 applied (with modifications) (8.4.2010) by Manchester City Council Act 2010 (c. iii), ss. 4, 5
Sch. 4 applied (with modifications) (28.2.2013) by Canterbury City Council Act 2013 (c. i), s. 4 (with s. 3)
Sch. 4 applied (with modifications) (28.2.2013) by Leeds City Council Act 2013 (c. ii), s. 4 (with s. 3)
Sch. 4 applied (with modifications) (28.2.2013) by Nottingham City Council Act 2013 (c. iii), ss. 4, 5
Sch. 4 applied (with modifications) (28.2.2013) by Reading Borough Council Act 2013 (c. iv), ss. 4, 5
Street trading licences
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.
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.
4
1
A street trading licence shall specify—
a
the street in which, days on which and times between which the licence-holder is permitted to trade; and
b
the description of articles in which he is permitted to trade.
2
If the district council determine that a licence-holder is to confine his trading to a particular place in the street, his street trading licence shall specify that place.
3
Matters that fall to be specified in a street trading licence by virtue of sub-paragraph (1) or (2) above are referred to in this Schedule as the “principal terms” of the licence.
4
When granting or renewing a street trading licence, the council may attach such further conditions (in this Schedule referred to as the “subsidiary terms” of the licence) as appear to them to be reasonable.
5
Without prejudice to the generality of sub-paragraph (4) above, the subsidiary terms of a licence may include conditions—
a
specifying the size and type of any stall or container which the licence-holder may use for trading;
b
requiring that any stall or container so used shall carry the name of the licence-holder or the number of his licence or both; and
c
prohibiting the leaving of refuse by the licence-holder or restricting the amount of refuse which he may leave or the places in which he may leave it.
6
A street trading licence shall, unless previously revoked or surrendered, remain valid for a period of 12 months from the date on which it is granted or, if a shorter period is specified in the licence, for that period.
7
If a district council resolve that the whole or part of a licence street shall be designated a prohibited street, then, on the designation taking effect, any street trading licence issued for trading in that street shall cease to be valid so far as it relates to the prohibited street.
5
1
A district council may at any time revoke a street trading licence if they consider—
a
that, owing to circumstances which have arisen since the grant or renewal of the licence, there is not enough space in the street for the licence-holder to engage in the trading permitted by the licence without causing undue interference or inconvenience to persons using the street;
b
that the licence-holder is unsuitable to hold the licence by reason of having been convicted of an offence or for any other reason;
c
that, since the grant or renewal of the licence, the licence-holder has persistently refused or neglected to pay fees due to the council 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; or
d
that, since the grant or renewal of the licence, the licence-holder has without reasonable excuse failed to avail himself of the licence to a reasonable extent.
2
If the council consider that they have ground for revoking a licence by virtue of sub-paragraph (1)(a) or (d) above, they may, instead of revoking it, vary its principal terms—
a
by reducing the number of days or the period in any one day during which the licence-holder is permitted to trade; or
b
by restricting the descriptions of goods in which he is permitted to trade.
3
A licence-holder may at any time surrender his licence to the council and it shall then cease to be valid.
6
1
When a district council receive an application for the grant or renewal of a street trading licence, they shall within a reasonable time—
a
grant a licence in the terms applied for; or
b
serve notice on the applicant under sub-paragraph (2) below.
2
If the council propose—
a
to refuse an application for the grant or renewal of a licence; or
b
to grant a licence on principal terms different from those specified in the application; or
c
to grant a licence confining the applicant’s trading to a particular place in a street; or
d
to vary the principal terms of a licence; or
e
to revoke a licence,
they shall first serve a notice on the applicant or, as the case may be, the licence-holder—
i
specifying the ground or grounds on which their decision would be based; and
ii
stating that within 7 days of receiving the notice he may in writing require them to give him an opportunity to make representations to them concerning it.
3
Where a notice has been served under sub-paragraph (2) above, the council shall not determine the matter until either—
a
the person on whom it was served has made representations to them concerning their decision; or
b
the period during which he could have required them to give him an opportunity to make representations has elapsed without his requiring them to give him such an opportunity; or
c
the conditions specified in sub-paragraph (4) below are satisfied.
4
The conditions mentioned in sub-paragraph (3)(c) above are—
a
that the person on whom the notice under sub-paragraph (2) above was served has required the council to give him an opportunity to make representations to them concerning it, as provided by sub-paragraph (2)(ii) above;
b
that the council have allowed him a reasonable period for making his representations; and
c
that he has failed to make them within that period.
5
A person aggrieved—
a
by the refusal of a council to grant or renew a licence, where—
i
they specified in their notice under sub-paragraph (2) above one of the grounds mentioned in paragraph 3(6)(d) to (g) above as the only ground on which their decision would be based; or
ii
they specified more than one ground in that notice but all the specified grounds were grounds mentioned in those paragraphs; or
b
by a decision of a council to grant him a licence with principal terms different from those of a licence which he previously held, where they specified in their notice under sub-paragraph (2) above the ground mentioned in paragraph 3(6)(g) above as the only ground on which their decision would be based; or
c
by a decision of a council—
i
to vary the principal terms of a licence; or
ii
to revoke a licence,
in a case where they specified in their notice under sub-paragraph (2) above one of the grounds mentioned in paragraph 5(1)(b) to (d) above as the only ground on which their decision would be based or they specified more than one ground in that notice but all the specified grounds were grounds mentioned in those paragraphs,
may, at any time before the expiration of the period of 21 days beginning with the date upon which he is notified of the refusal or decision, appeal to the magistrates’ court acting for the petty sessions area in which the street is situated.
6
An appeal against the decisions of a magistrates’ court under this paragraph may be brought to the Crown Court.
7
On an appeal to the magistrates’ court or the Crown Court under this paragraph the court may make such order as it thinks fit.
8
Subject to sub-paragraphs (9) to (11) below, it shall be the duty of the council to give effect to an order of the magistrates’ court or the Crown Court.
9
The council need not give effect to the order of the magistrates’ court until the time for bringing an appeal under sub-paragraph (6) above has expired and, if such an appeal is duly brought, until the determination or abandonment of the appeal.
10
If a licence-holder applies for renewal of his licence before the date of its expiry, it shall remain valid—
a
until the grant by the council of a new licence with the same principal terms; or
b
if—
i
the council refuse renewal of the licence or decide to grant a licence with principal terms different from those of the existing licence, and
ii
he has a right of appeal under this paragraph,
until the time for bringing an appeal has expired or, where an appeal is duly brought, until the determination or abandonment of the appeal; or
c
if he has no right of appeal under this paragraph, until the council either grant him a new licence with principal terms different from those of the existing licence or notify him of their decision to refuse his application.
11
Where—
a
a council decide—
i
to vary the principal terms of a licence; or
ii
to revoke a licence; and
b
a right of appeal is available to the licence-holder under this paragraph,
the variation or revocation shall not take effect until the time for bringing an appeal has expired or, where an appeal is duly brought, until the determination or abandonment of the appeal.
Sch. 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