At Full Council meeting on 30 January, Tamworth Borough Council approved a new Street Trading Licence Policy and agreed areas classified as ‘consent streets.’
The new policy will allow the council to set conditions and fees for street trading consents to help protect public health and safety from uncontrolled street trading activities.
The aim of the policy is to create a street trading environment which ensures fair trading, protects the amenity of residents, ensures the safety of those trading, promotes diversity and consumer choice; plus provide applicants with advice and guidance on the council’s approach to the administration for street trading consents and licences under Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982, to ensure consents are transparent and fair.
All streets within the borough have been designated as consent streets, with the exception of the A5 dual carriageway and Lower Gungate (from its junction at Spinning School Lane and Little Church Lane which is designated as prohibited streets.)
Full details of the new policy can be found here: List of licences | Tamworth Borough Council
Councillor Martin Summers, Tamworth Borough Council’s Portfolio Holder for Environmental Health and Community Partnerships, said: “As part of our commitment to attract more shoppers and visitors, through an improved town centre offering, we want to encourage more reputable, quality street traders.
“The new Street Trading Policy will help protect both new and existing traders, securing their pitch for the future.”
Notes:
Definition of consent streets:
Designating a consent street enables trading to take place upon it, subject to the trader receiving a Street Trading Consent to trade from the council.
The following types of trade are not street trading:
- A person trading as a Pedlar in accordance with the terms of a valid Pedlar’s Certificate (issued by the Police)
- A market trader operating at a market venue or a fair which acquired this status by virtue of a grant, enactment, or order
- A news vendor selling only newspapers and periodicals.
- Trade which is carried on at premises used as a petrol station
- Shops do not require a Consent even if they operate outside or directly adjacent to the commercial premises providing the items displayed for sale
- Trade carried out by ‘roundsmen’ (a ‘roundsman’ is defined as one who visits a ‘round’ of customers delivering only the orders of those customers” e.g. milkmen)
- Items exchanged for a charitable collection e.g. selling poppies in aid of the Royal British Legion, which are regulated by way of a Street Collection Permit under the Charities Act 1992
- Sale of articles by a charity, or for charitable purposes, are regulated under Police, Factories, & c. (Miscellaneous Provisions) Act 1916 by the Council
Local Exemptions
The following activities as not requiring a Consent under the Local Government (Miscellaneous Provisions) Act 1982:
- Small scale sales of goods from farms and residential properties sold at/immediately outside the premises where they were produced will generally be exempt. This is intended to exempt someone who, for example, is selling on a small-scale item such as eggs, honey, plants, one off garage sales etc.
- A person trading at a community event held for non-commercial purposes, such as a fete or school fund raising activity, may be exempt from requiring a street trading consent, however, any stalls where any of the profit of the trading is retained by the trader for private gain, and not passed to the organisers of the event for use in, or by, the community concerned then the trader will not benefit from the exemption;
- Any event that has been classified as an ‘authorised event’ by the Arts & Events Team of Tamworth Borough Council will be exempt from requiring Street Trading Consents.